(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "North Carolina Register v.4 no. 15 (11/1/1989)"

. i KBK I 



■:. . - 



The 
NORTH CAROLINA 

REGISTER 






IN THIS ISSUE 



91 



ICONs 

l^Sl TITUl II [/) | 

llTIOMI IJj 



PROPOSED RULES 

ECD 

EHNR 

Human Resources 

Insurance 

Nursing, Board of 

Sanitarian Examiners 

State Personnel 

FINAL RULES 

List of Rules Codified 



ISSUE DATE: NOVEMBER 1, 1989 



Volume 4 • Issue 15 • Pages 766-801 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislative and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrative rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
vided free of charge to each county in the state and to 
various state officials and institutions. The North Carolina 
Register is available by yearly subscription at a cost of 
one hundred and five dollars ($105.00) for 24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. 0. Drawer 11666, Raleigh, N. 
C. 27604, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Division of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Register before the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for approval by 
the Administrative Rules Review Commission. Upon ap- 
proval of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted version will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effective 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at any time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary* rules. A temporary 
rule becomes effective when adopted and remains in 



effect for the period specified in the rule or 180 days, 
whichever is less. An agency adopting a temporary ruldfl 
must begin normal rule-making procedures on the per« 
manent rule at the same time the temporary rule is 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is 
a compilation and index of the administrative rules of 
25 state agencies and 38 occupational licensing boards. 
The NCAC comprises approximately 15,000 letter size, 
single spaced pages of material of which approximate- 
ly 35% is changed annually. Compilation and publica- 
tion of the NCAC is mandated by G.S. 150B-63(b). 

The Code is divided into Titles and Chapters. Each 
state agency is assigned a separate title which is fur- 
ther broken down by chapters. Title 21 is designated 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimum 
cost of two dollars and 50 cents ($2.50) for 10 
pages or less, plus fifteen cents ($0.15) per each 
additional page. 

(2) The full publication consists of 52 volumes, 
totaling in excess of 15,000 pages. It is sup- 
plemented monthly with replacement pages. A 
one year subscription to the full publication in- 
cluding supplements can be purchased for 
seven hundred and fifty dollars ($750.00). In-j 
dividual volumes may also be purchased witM 
supplement service. Renewal subscriptions for' 
supplements to the initial publication available. 

Requests for pages of rules or volumes of the NCAC 
should be directed to the Office of Administrative 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pro- 
cedures to be followed. For specific statutory language, 
it is suggested that Articles 2 and 5 of Chapter 150B of 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issue, 
page number and date. 1:1 NCR 101-201, April 1, 1986 

refers to Volume 1, Issue 1, pages 101 through 201 of 
the North Carolina Register issued on April 1, 1986. 



North Carolina Register. Published bi-monthly by 
the Office of Administrative Hearings, P.O. Drawer 
11666, Raleigh, North Carolina 27604, pursuant to 
Chapter 150B of the General Statutes. Subscriptions 
one hundred and five dollars ($105.00) per year. 
North Carolina Administrative Code. Published 
in looseleaf notebooks with supplement service by 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Satutes. 
Subscriptions seven hundred and fifty dollars 
($750.00). Individual volumes available. 



II 



NORTH 
CAROLINA 
REGISTER 




ISSUE CONTENTS 



Office of Administrative Hearings 

P. O. Drawer 11666 

Raleigh, XC 27604 

(919) 73.]- 2678 



James R. Scarcella Sr., 

Deputy Director 
Molly \lasich, 

Director APA Services 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 



I. PROPOSED RULES 
ECD 

Cemetery Commission 766 

EHNR 

Wildlife Resources 

Commission 776 

Human Resources 

Social Services 773 

Vocational Rehabilitation 

Services 766 

Insurance 

Engineering and Building 

Codes 775 

Licensing Boards 

Nursing, Board of 778 

Sanitarian Examiners 785 

State Personnel 

State Personnel Commission ...786 



II. FINAL RULES 

List of Rules Codified 788 



HI. CUMULATIVE INDEX 



.799 



NORTH CAROLINA REGISTER 

Publication Deadlines and Schedules 

(January 1989 - May 1990) 



Issue 


Last Day 


Last Day 


Larliest 


* 


Date 


for 


for 


Date for 


Larliest 




Filing 


Electronic 


Public 


Effective 






Filing 


Hearing & 
Adoption by 
Agency 


Date 


******** 


+**++++* 


**+*++++ 


******** 


*******< 


01/02/89 


12/08/88 


12/15/88 


02/01 89 


05,01/89 


01/16-89 


12/27/88 


01/03/89 


02/15/89 


05,01/89 


02 01/89 


01/10/89 


01/17/89 


03/03/89 


06/01/89 


02 15/89 


01/26/89 


02/02/89 


03/17/89 


06/01/89 


03/01/89 


02/08/89 


02/15/89 


03/31/89 


07,01/89 


03 15 89 


02/21/89 


03,02/89 


04/ 14 89 


07/01/89 


04 03/89 


03/10/89 


03/17/89 


05/03/89 


08/01/89 


04 14 89 


03/23/89 


03/31/89 


05/14/89 


08/01/89 


05/01/89 


04/10/89 


04/17/89 


05/31/89 


09/01/89 


05 15 '89 


04/24/89 


05/01/89 


06/14/89 


09/01/89 


06 01 .'89 


05/10/89 


05/17/89 


07/0189 


10/01/89 


06 15 89 


05/24/89 


06 01/89 


0715 89 


10,01/89 


07 03 89 


06/12/89 


06,19/89 


08/01,89 


11/01/89 


07 14,89 


06/22/89 


06,29/89 


08/13/89 


11/01/89 


OS 01 '89 


07/11/89 


07/18/89 


08/31 89 


12 01 89 


08 15 89 


07/25/89 


08/01/89 


09/14/89 


12 01/89 


09 01/89 


08/11/89 


08/18/89 


10 01,89 


01/01/90 


09 15/89 


08/24/89 


08/31/89 


10/15/89 


01/01/90 


10/02/89 


09/11/89 


09,18/89 


11/01/89 


02/01/90 


10/16/89 


09/25/89 


10 02/89 


11/15/89 


02/01/90 


11/01/89 


10/11/89 


10/18/89 


12/01/89 


03/01/90 


11/15/89 


10/24/89 


10/31/89 


12/15/89 


03.01/90 


12/01/89 


11/07/89 


11/15/89 


12/31/89 


04,01/90 


12/15/89 


11/22/89 


12/01/89 


01/14/90 


04/01/90 


0102/90 


12/07/89 


12/14/89 


02/01/90 


05/01/90 


011690 


12/20/89 


12/29/89 


02' 15/90 


05/01/90 


02 01 90 


01/10/90 


01 18/90 


03 03 90 


06 01/90 


02 15 90 


01/25/90 


02/01/90 


03 17 90 


06 01/90 


03 or 90 


02/08/90 


02/15/90 


03/31/90 


07 01/90 


03 15,90 


02/22/90 


03/01/90 


04/14,90 


07/01/90 


04 02/90 


03/12/90 


03/19/90 


05/02/90 


08 01/90 


04 16 90 


03/23/90 


03/30/90 


05 16 90 


08/01/90 


05 01/90 


04/09/90 


04' 17/90 


05/31/90 


09 01/90 


05 15 90 


04/24/90 


0501/90 


06 14 90 


09,01/90 



+ 



The "Earliest Effective Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", that the agency files the rule with The Administrative Rules Review 
Commission by the 20th of the same calendar month and that ARRC approves 
the rule at the next calendar month meeting. 



PROPOSED RULES 



TITLE 4 - DEPARTMENT OF ECONOMIC 
AM) COMMUNITY DEVELOPMENT 



No 



'otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the North Carolina Cemetery Com- 
mission intends to amend rule(s) cited as 4 
NCAC SC .0103. 

1 he proposed effective date of this action is 
March 1. 1990. 



Th 



he public hearing will be conducted at 10:00 
a.m. on December 7 , 1989 at Room 2063, Dobbs 
Building. 430 N. Salisbury Street. Raleigh, NC 
27611. 



Co 



'Omment Procedures: Written comments may 
be sent to the Cemetery Commission, Post Office 
Box 25249, Raleigh, NC 27611. Requests for 
opportunities to present oral testimony and a 
summary of the testimony must be receded at this 
address by December I , I9S9. 

CHAPTER 5 - CEMETERY COMMISSION 
SUBCHAPTER 5C - LICENSING 
SECTION .0100 - CEMETERIES 

.0103 CHANGE OF CONTROL 

Any entity wishing to purchase or acquire con- 
trol of an existing cemetery company shall first 
make written application to the Cemetery Com- 
mission on the commission's Application for 
Change of Control. This form provides space for 
the name and address of the present and pro- 
posed owner, along with the name of the corpo- 
ration and the name of the cemetery. This form 
can be obtained by writing: 

North Carolina Cemetery Commission 
Post Office Box 25249 
Raleigh, North Carolina 27611. 
This form must be accompanied by a one hun- 
dred dollar ($100.00) filing fee. The commission 
also requires the following: 

(1) an examination be made to establish com- 
pliance to trust fund requirements; 

(2) a signed certificate assuming liabilities of the 
existing cemetery company; 

(3) a financial statement of the existing ceme- 
tery company showing net worth; 

(4) certification by title insurance policy or by 
certificate of an attorney-at-law that the 
cemetery land, subject to appropriate acre- 
age requirements, is owned in fee simple, 
free of all encumbrances; 



(5) a financial statement of proposed owner, 
showing net worth and a statement of the 
proposed owner's experience in the cemetery 
business. 
No one shall take over the operation of a cem- 
etery company in anticipation of a change of 
control until all necessary information concern- 
ing that change of control has been submitted to 
the administrator of the Cemetery Commission. 
No one shall change control of a cemetery com- 
pany without first obtaining approval of the 
Cemetery Commission. Once a change of con- 
trol has been approved by the Cemetery Com- 
mission, the change of control must be 
completed within 90 days of the date of the 
Cemetery Commission's approval. If the change 
of control is not completed within 90 davs of the 
date of the Cemetery Commission's approval, 
then the entity wishing to effect the change of 
control will be required to make a new applica- 
tion to the Cemetery Commission in accordance 
with provisions of this Rule. I pon completion 
of the change of control, the entity requesting the 
change of control shall notify in writing the Ad- 
ministrator of the Cemetery Commission of the 
completion. 

Statutory Authority G.S. 65-49: 65-53(2): 65-59. 

TITLE 10 - DEPARTMENT OF HIM AN 
RESOURCES 



No 



otice is hereby given in accordance with G.S. 
150B-I2 that the Division of Vocational Rehabili- 
tation Services intends to amend rule(s) cited as 
10 NCAC 20C .0121, .0201 - .0206, .0304, .04/2. 

1 he proposed effective date of this action is 
March 1, 1990. 

1 he public hearing will be conducted at 10:00 
a.m. on December 4. 1989 at Conference Room, 
Division of I 'ocational Rehabilitation Services, 
Haywood Bldg., S05 Ruggles Drive, Dorothea Dix 
Campus. Raleigh. N.C. 

\^ omment Procedures: Any interested person 
may present his/her comments at the hearing for 
a maximum of ten minutes or by submitting a 
written statement. Any person wishing to make a 
presentation at the hearing should contact: Jackie 
Sta/naker, Division of I 'ocational Rehabilitation 
Senices, P.O. Box 26053. Raleigh. N.C. 27611. 
(919) 733-3364 by December I. 1989. The 
hearing record will remain open for written com- 
ments from November 1. 1989 through December 
1. 1989. Written comments must be sent to the 



NORTH CAROLINA REGISTER 



766 



PROPOSED RULES 



address above and must slate the proposed ride 
or rules to which the comments are addressed. 
Fiscal information is also available upon request 
from the same address. 

CHAPTER 20 - VOCATIONAL 
REHABILITATION 

SUBCHAPTER 20C - PROGRAM RULES 

SECTION .0100 - GENERAL POLICIES 

.0121 ADMINISTRATIVE REVIEWS AND 
PAIR APPEALS 

4-he Disision ©f Vocational Rehabilitation has 
the policy th«+ a© applicant ©f recipi e nt ©f voca 
tional rehab i litation setviees under the state plan 
fof vocational rehabilitation services who » dis- 
satisfied w-hh any- action with regard t© the ft«=- 
ni i. hing ©F den i al ©f such services may file a 
request fof a© administrative review a©4 redeter 
mination ei that action under the pro visions ©f- 
4£ NCAC ^4* rilim Contested Cases. R©Je 
.0201, Opportunity fo* aft Administrative 1 tear 
mgr Should the indiv i dual be dissatisfied with 
the decisions a«4 findings ©f the administrative 
hearing, he w+h be granted a© opportunity fef a 
hearing under (4*** provisions ©f- -W NCAC JOB. 
Section 4«-Wh Contested Cases. Rule 4*30^ 
Granting a 1 tearing Request, by- contacting the? 
Director 

Division ©f Vocational Rehabilitation Services 

6J4 North West Street 

J>est Offiee 6©* 36043 

Raleigh. North Carolina 276 1 1 

bach applicant ©f recipient ©f vocational reha 

bilitation services w+h be informed ©f- the oppor 

tunity available t» hh» under this provision. 4-be 

Director w+h make the final detennination at+4 

decision based ©© the few h e aring a«4 recomm 

endations ftf the hearing officer. <m4 wih notify 

m writing the individual registering the dissatio 

faction. Agency methods ©f assuring non 

discrimination a«4 opportunity fof fait hearings 

i» fetm4 tft -W NCAC JOG 4W4r 

Procedures governing administrative reviews 
and appeals hearings arc codified in Subchapter 
20B. Section .0200 of this Chapter. 

Authority G.S. 143-545: 143-546; 34 C.F.R. 
361.48. 

SECTION .0200 - ELIGIBILITY 

.0201 ELIGIBILITY; INELIGIBILITY; 
AND CERTIFICATION 

(a) 1'ligihility fi&f vocational rehabilitation sep- 
vices is based onls h+h- 



■rh> the presence ©f a physical ©f m e ntal disa - 
bility which f-©f such individual constitutes 
©f results i» a substantial handicap t© 
employment, a©4 
(4^ a reasonable expectation that- vocational 
rehabilitation services may- benefit the/ i«- 
dividual i© terms ©f e mplovability. 
fb} 4^he vocational r e habilitation counselor will 
prior t©7 ©f simultaneously with the acceptance 
©f we handicapped individual f©f vocational re- 
habilitation service '. , determine that that- individ 
Hal meet if the crit e ria ef eligibility a©4 w+H s© 
certify. This certification w+U b e come pert ©f the 
individual's official record. Th e r e may abv© he a 
certification f-©f extended evaluation t© determine 
r e habilitation pot e ntial. 

fe^ J© cases determined t© he ineligibl e hy- the 
rehabilitat i on couns e lor, the applicant w+H- he 
notified ©f the decision a©4 a certificat e ©f inel 
igibility w+b 1 b e com e part ©f the official record. 
44*e client w+h als© he advis e d ©f hi* righto af*4 
remedies i« such decisions. 

(a) I'ligibilitv for vocational rehabilitation ser- 
vices is based only upon the criteria specified in 
34 C.I.R. 361.31(b). A preliminary diagnostic 
studs' that meets the requirements of 34 C.I.R. 
361.32 shall be used in order to determine 
whether an individual is eligible for vocational 
rehabilitation services or whether an extended 
evaluation is necessary to make such a determi- 
nation. 1 he Division does not make interim 
determinations of eligibility as permitted by 34 
C.b.R. 361.31(c). 

(b) If an extended evaluation is necessary, it 
shall meet the requirements of 34 C . 1 ■ . R . 361.34. 

(c) Certification of eligibility, certification for 
extended evaluation to determine vocational re- 
habilitation potential, and certification of ineligi- 
bilitv shall meet the requirements of 34 C.l-.R. 



361.35. The vocational rehabilitation counselor 
shall make the appropriate certification in writing 
and include it in the individual's casetolder. 

(d) The Code of Federal Regulations adopted 
bv reference in this Rule shall automatically in- 
clude any later amendments thereto as allowed 
bv G.S. 1 50H- 14(c). 

Authority G.S. 143-545; 143-546; I43B-I0(j); 
1 SOB- 14(c); 34 C.F.R. 361.31; 34 C.F.R. 361.32; 
34 C.F.R. 361.34; 34 C.F.R. 361.35. 

.0202 PROCESSING REFERRALS AND 
APPLICANTS 

faf 44*e Division ©f- Vocational Rehabilitation 
Services ha* established cooperativ e relationships 
with ah ag e ncies having contact with hand 
icapped persons t© promot e the Division's 
caselindinu. 44%e auoncv w+b remain active m 



767 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



these endeavors to all geographic subdivisions to 
the state to continue to famil i arize th e se agencies 
an4 disabl e d p e opl e to the sefvtees »f the Divi 



(b4 4toe Division to' Vocational Rehabilitation 
Servic e s assigns the vocational r e habilitation 
counselor to a particular geographic area. L;ach 
counselor is station e d fo a local office ef voca 
tional rehabilitation facility within this ge- 
o graphic ar e a. Referrals may be mad e to the 
individual counselor, to the local community e£- 
heer to a vocational rehabilitation facility, »f to 
the state offic e to vocational rehabilitation sef- 
viees. I ltimately, referrals made to any- to these 
sources w+U be forwarded to the appropriate 
counselor fof processing, ft is the responsibility 
to the vocational rehabilitation counselor to 
proc e ss the referral as promptly as possible, ami 
to provide a follow up, outcome to referral 
process report to the referral agency, 44*e state 
office to vocational rehabilitation services »f any- 
local office wtol receive complaints afto inquiries 
regard i ng the agency's services. 

(e) h is the responsib i lity to the vocational re- 
habilitation counselor to contact all referrals felt 
to be to need to tm4 eligible top vocat i onal reha 
bilitation services as promptly as possible. l^re- 
liminary contact w4U be made by- letter »f oth e r 
means to communications prior to the initial 
contact by the counselor when possibl e , it is the 
duty to the rehabilitation counselor to contact all 
referrals, an4 to make a preliminary determi 
nation to eligibility, ineligibility, «*f need fof e*- 
t ended evaluation. 3-he Division will util i z e aH 
collateral information available from a«y- oth e r 
cooperating agency to order to assure expeditious 
afto equitable handling to" referrals afto applica 
tions. Determination to eligibility, in e ligib i l i ty, 
w need fof extended e valuation is a profess i onal 
decision made by the couns e lors, ami is based »«• 
the standard criteria to eligibil i ty tm4 client oval 
uation. Final determination to unusual cas e s ea» 
be made by the Chief, Program Op e rations See- 
tion, Raleigh, North Carolina. 

(a) The Division shall maintain cooperative 
agreements with other public agencies and shall 
establish and maintain information and referral 
programs as specified in the Three- Year Stale 
Plan for Vocational Rehabilitation Services un- 
der Title I of the Rehabilitation Act of 1973, as 
amended, covering Fiscal Years 1989, 1990 and 
I ')*-) 1 . This adoption hv reference is made under 
G.S. 1 SUB- 14(c). 



tation facility, or to the state office of the Divi- 
sion. Information regarding referrals shall he 
forwarded to the appropriate counselor for proc- 
essing. The counselor shall process the infor- 
mation regarding referrals as promptly as 
possible. 

(c) The counselor shall contact all individuals 
referred and make a preliminary determination 
of eligibility, ineligibility, or the need tor extended 
evaluation. The Division shall utili/e any 
collateral information available from the cooper- 
ating agencies to assure quick, and equitable 
handling of referrals. 

Authority G.S. 143-545; 143-546; 143B-I0(j); 
1 50B- 14(c); 34 C.F.R. 361.19; 34 C.F.R. 361.20; 
34 C.F.R. 361.30. 

.0203 ORDER OF SELECTION FOR SERVICES 

44*e Division to" Vocational Rehabilitation Sef- 
vices cannot a«4 is Hto furnishing vocational re- 
habilitation services to all individuals wto> have 
applied an4 hav e been det e rmin e d to be eligible 
©f to be to need to e xt e nd e d e valuation to reha 
bilitation potential to determine eligibility. 
Therefore, the following order to selection fof 
s e rvic e s w4H be followed fof individuals who to 
addition to meeting the standard criteria to oligi 

V^ 1 1 1 1 \ : *^*a* 

(44 the most s e ver e ly handicapped, ami 

/ I V £^1t^^t ii-l.Iii i. 1 I l - i 1 . ii 1-m, ,1 mil il-,.li|.ili/in -t . t . t . I . - 

\1—1 \J 1 1 HI I! HI I T HHHir.' ^TTTTTTT^ I t I IllT'TMITII IT* I I r^CT^TT* 

are the gr e at e st. 
The Division shall follow the order of selection 
for services specified in the Three- Year State Plan 
for Vocational Rehabilitation Services Under Ti- 



tle I of the Rehabilitation Act of 
amended, covering Fiscal Years 1989, 
1991 



(b) Each rehabilitation counselor is assigned to 
a local office or vocational rehabilitation facility 
within a particular geographic area. Referrals 
may be made to the individual counselor, to the 
local community office, to a vocational rchabili- 



1973, as 

1990 and 

This adoption by reference is made under 
G.S. 1 SOB- 14(c). 

Authority G.S. 143-545; 143-546; 143B-10(j); 
I SOB- 14(c); 34 C.F.R. 361 .2(b)(2)(iv); 34 
C.F.R. 361.36. 

.0204 CONSIDERATION OF COMPARABLE 
SERVICES AND BENEFITS 

fa> -the Division to Vocational Rehabilitation 
Services has a policy that the handicapped indi 
vidual's economic need is considered fof deter 
mining bis participation fo the costs to certain 
vocational rehab i litation services other than the 
evaluation *+f rehab i litation potential, counseling, 
guidance. ami referral services, placement, ami 
others outlined below. 4-4+e economic needs 
policies are reasonable ami are applied uniformly 
to assure equitable treatment. Services provided 
during extended evaluation are subject to the 

^•j^^j ^^^1^^^^^ I 1 i -•i~\ n s\ fn i . | li^^iJ.^ * I ' I * " » I I I ~» ■ i ■ii-niliii.l 
.'III I IV L'vJIIV T . I — T. \f 1 IV 1 I I IV. lit tTJ 3 11. .'I TTTTT VV. lll'l. '1H.H 



NORTH CAROLINA REGISTER 



768 



PROPOSED RULES 



a* it consideration fof furn i shing (4*e following 
vocational rehabilitation services. ( I his applies 
to both accepted mto extended evaluation status): 
(4) phvsical restorat i on; 
f4+ ma i ntenance (other than diagnostic); 
f-ty transportation (other than diagnostic); 
f4} tuition, training foes; afto training supplies 
tm4 materials (othor 4**» h* on the job 
training, sh e lt e red (*«4 vocational work 
shop tuition, »«4 vocational training, 
work adjustment training, *h4 training 
suppli e s »f>4 materials n+ 4h* D i vision's 
operated vocational rehabilitation fac i li 

totor 

(^ occupational license; 






totto 
cludin 



r equipment. afto initial stock f+fl- 

i livestock) a«4 supplies »«4 nocos 

■ b e lters i» connection with t4%e 



foregoing items; 

son i ces to members to" a handicapp e d 
individual's family nec e ssary to fke »4- 
justment t*f rehabilitation to toe hand 
icapp e d individual; 

t e l e communications, sensory. a«4 oth e r 
technological ato* afto devices; 
recruitment »«4 training s e rvices to p*€>- 
vt4e new- employment opportuniti e s i» 
rehabilitation, health, welfare, public 
safety, k+w- enforcement afto oth e r appro 
pnate public s e n ice e mployment; 
f+Q* post e mployment services necessary to 
assist handicapped individuals to maintain 
suitable * e mploym e nt (oth e r than thos e 
serv ices normally provided without regard 
to e conomic needs); a«4 
(444 other good '. afto services which ea» fea- 
sonably k>e expected to b e n e fit a hand 
icapp e d individual to terms t*f h+s 
employahility. 
4>+ Xt* economic needs kto vv-41 be applied a* 
a condition tof lurnishing toe following voca 
tional rehabilitation need ' . . : 

(4-f e valuation to rehabilitation potent i al f+H- 

cluding diagnostic af>4 r e lat e d sc ' rvic e s); 
f4+ counseling, guidance. a+to r e ferral services: 
<4+ placement; 

(4) interpreter services tof toe deaf, <m4 
f4f on the job training, sheltered tm4 voca 
tional workshop tuition. atto vocational 
training, work adjustment training. #&4 
training supplies tm4 materials h+ toe t*f- 
gani/alional wto operated by- vocational 
rehabilitation facilities. 
The Division shall determine whether anv 
comparable services and benefits are available 
under anv other pro 'jam and utili/e those ser- 
vices and benefits as required under 34 C.F.R. 
36147(b). 



Authority G.S. 143-545; 143-546; 143B-10(j); 34 
C.F.R. 361.19; 34 C.F.R. 361.47(b); 34 C.F.R. 
361.56. 

.0205 SERVICES COVERED BY OK EXEMPT 
FROM FINANCIAL NEEDS TEST 

fa+ 44*e Division to' Vocational Rehabilitation 
Services vvto consider fully am- similar benefits 
available to 4te hand i capp e d individual under 
af>y- other program to meet . h* whole h* to part, 
4*e co st S to" afty vocational r e habilitation s e rv ic e s 
provided to toe individual including service ' s 
provided under e xtended evaluation , except toe 
following: 

(4} e valuation to" rehabilitation potential; 
f4f counseling, guidance, a«4 referral; 
(4f vocational *h4 other training s e rvice"' ' ift- 
cluding personal af>4 vocational adjust 
ment training, books, tools, afto other 
training materials, except tof training »f 
training services h* institutions to 7 higher 
education; 
f4+ serv ices to m e mb e rs to" a handicapped m- 

div idual's family; 
tof placement; a«to 

f&4 post employm e nt s e rvic e s necessary: to 
assist handicapped individuals to maintain 
suitable employment. 
4*4 44*e Division to" Vocational R e habilitation 
Services w-to consider fully am similar ben e fits 
available under am- other program to a hand 
icapp e d individual to meet, h* whole w ift part, 
toe e»4 to 7 physical afto mental restoration sef- 
vicos <*«4 maintenanc e provid e d to toe individual 
e xc e pt w her e such consideration would sign if 
icantlv delay toe provision to" ouch services to toe 
individual. 

(to 44*e Division to" Vocational Rehabilitation 
Services w4kW to toe extent toat- t+*e individual is 
eligibl e tof such similar benefits, utilise all- similar 
benefits available to t4*e individual insofar a* 
these benefits afe adequate »«4 4» ftto interfere 
with achieving the rehab i litation objective to fto> 
individual. 

(4> 44*e Division to \'ocational Rehabilitation 
Sen ices h+ providing vocational rehabilitation 
senices, w44 mak e maximum utilization to pub 
to> a+to other vocational w technical train i ng fo- 
cilities »f other appropriate resources tft- t4*e 
communitv . 

(a) The financial need of a client, as determined 
by the financial needs test specified m Rule .1)206 
of this Section, shall apply as a condition for 
furnishing the following vocational rehabilitation 
senices in both accepted and extended evaluation 
status: 

( 1 j ph\ sical and mental restoration; 



'69 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(2) mainlenancc (other than for clients in the 
diagnostic status); 

(3) transportation (other than for clients in 
the diagnostic status); 

(4) occupational license; 

(5) tools, equipment, and initial stock (in- 
cluding livestock), supplies and necessary' 
shelters in connection with these items; 



[61 
121 

181 
121 



hooks, training supplies, and materials 
required tor courses in post -secondary ed- 
ucational facilities; 

services to members of a handicapped 
individual's family necessary to the ad^ 
iustment or rehahilitation of the hand- 



icapped individual; 

telecommunications, sensors', and other 
technological aids and devices; 

recruiting and training to provide new 
employment opportunities in rehabili- 
tation, health, welfare, public safety, law 
enforcement, and other public service 
employment; 

(10) post-employment services necessary to 
assist handicapped individuals in main- 
taining suitable employment (other than 
those services in Paragraph (b) of this 
Rule which are provided without regard 
to financial need); and 

(11) other goods and services expected to 
benefit a handicapped individual in ob- 
taining employment. 

(b) The financial needs test shall not apply as 
a condition for furnishing the following: 

( 1 ) services exempt from the financial needs 
test under 34 ( I .R. 361.47; 

(2) interpreter services for the deaf; 

(3) tuition for: 

(A) on-the-job training; 

(B) sheltered and vocational workshop 
training; 

(C) vocational training; and 

(D) post -secondary education up to the 
maximum rate charged for the public 
university' system. 

(4) fees required in post-secondary educa- 
tional facilities up to the maximum rate 
charged for the public university system: 
and 

(5) training supplies and materials required 
for training in division-operated facilities 
and the training programs listed in Para- 
graphs (b)(3)(A) and (B) of this Rule. 

(c) The Division mav grant an exception to the 
rate for tuition and required lees lor post- 
sccondarv education specified in Paragraphs 
(b)(3)(D) and (b)(4) of this Rule when necessary 
to accommodate the special training needs of 
certain severe! handicapped individuals who 



must be enrolled m high -cost, special programs 
designed for severely physically handicapped stu- 
dents. 



Authority G.S. 143-545; 143-546; I43B-10Q); 34 
C.F.R. 361.47. 

.0206 FINANCIAL NEEDS TEST 

'4toe Division to Vocational Rehabilitation &e^- 
vices provider . * range h£ rehabilitation s e rvic e s 
toto »fe bawd t-»+* (4*e cli e nt's individualized needs 
to individuals v4h» swe referred to toe Division. 
4toe extent to which particular services w+H- be 
provided wto depend upon the sp e cific need b£ 
toto client tof such a servic e m order top torn- to 
become employ e d. Only thos e serviced needed 
to attain toe objectiv e to allowing &e individual 
to ge to work w4tt be provided. Certain servic e s 
»fe provided without regards to economic need ' . . , 

ii -It . 1 1 1 <i t 1-. . i w i • i i w-\ ■ i , j , .w -ir^ r.r^l'i,la,l || 1 or I ' I 1 1 1 ■ I I I I * 1*1 11 ' * 
^^^^^^Tr T^TT^T .'V. 1 I ItV. 1 tIT V. pTTTTTOrn LUIV, 1 vTTnTTTOVTTTT^ 

toe client s financial needs a«4 a»¥ similar bene 
to* availabl e to toe client. 

(a) A client's financial need shall be determined 
bv application of the General Assembly's finan- 
cial eligibility scale for non-medicaid medical 
programs which sets the limit of net annual in- 
come for families of various sizes and bv consid- 
eration of other available assets that could he 
used to pay for the cost of rehabilitation services. 
In applying the General Assembly's financial el- 
igibilitv scale, the Division shall follow the pro- 



visions of this Rule to determine net monthly 
income and family size. 

(b) The time period to be used as the basis for 
computing net monthly famih' income is the 
month in which the individual applies for ser- 
vices. Net monthly family income shall be re- 
computed at any time there is a change in the 
family's income. 

shall include the client and 



the same house- 



(c) A client's family 
the following persons nvin .. i 
hold as the client if the client is \H years of age 
or older and is not being claimed as a dependent 
bv the parents for tax purposes or if the client is 
less than IS years of age and is married: 

( 1) the client's spouse; 

(2) the client's children under IS years of age; 

(3) other individuals related to the client by 
blood, marriage, or adoption if the other 
individuals have no income; and 

who are 



(4) the client's children of any 



age 



temporarily living away from the house- 
hold while attending school if they are 
being claimed as dependents by the client 
for tax purposes, 
(d) A client's family shall include the client and 
the following persons living in the same house- 
hold as the client if the client is less than 18 years 



NORTH CAROLINA REGISTER 



770 



PROPOSED RULES 



of age and is not married or if the client rs IS 
sears of age or older and is being claimed as a 
dependent hs the parents for Xiix purposes: 

( 1 ) the client's parents, not including step- 
parents: 

(2) siblings (j_r half-siblings of the client, but 
not step-siblings, if the siblings are un- 
married and less than IS years of aggj 

(3) siblings or half-siblings of the client, but 
not step-siblings, if the siblings are IS 

ears of age or older and have no income: 
and 

(4) other indiyiduals related to the client by 
blood, marriage, or adoption if the other 
indiyiduals have no income. 

(_e_2 H' a client is J_S ears of age or older and is 
temporarily lis ing away trom the permanent 
home while attending school and is being claimed 
as a dependent by the parents lor tax purposes, 
the client s lamils shall be determined according 
to Paragraph (d) of this Rule. 

jXi In Paragraphs (d)(2) and (3) of this Rule, 
siblings who are temporarih living awav from the 
household while attending school may be con- 
sidered as lis ing in the same household if they are 



being claimed as dependents by their parents tor 
tax purpose s and the parents are m the same 
household as the client. 

(g) Net monthly family income shall be com- 
puted by subtracting the deductions allowed in 
Paragraph (_n of this Rule trom the gross 
monthly family income as computed according 
to Paragraph ih) of this Rule, 
(h) Gross Monthh Famils Income. 
( 1 ) Gross monthh family income shall mean 
the combined cash income rcccised bv the 
client's family from the following sources: 



(A) wages and salaries; 



(IV) earnings trom self-employment: 

(C) earnings from stocks, bonds, sayings 



accounts, rentals, and 
ments: 



other invest- 



[ Pi Social Security benefits and Supple- 
mental Security Income benefits; 
(Fl public assistance benefits; 

( F) retirement and pension payments: 

(G) Veterans Administration benefits; and 
ill) all other sources of cash income. 

(2) If the income rcccised from any of the 
source > listed in Paragraph ihi( I ) of this 
Rule is not rcccised on a monthh basis, 
the monthh pro rata share of the most 
recent receipt of the income shall be in- 
. hided m Uk_ >.onipui.i!i' ■ t i 

(3) Gross family income shall not include: 



( A ) income that children may earn from 
babysitting, lawn mowing, or other mis- 
cellaneous tasks: 



(B) gifts: 

(( j inheritances: or 

( P) life insurance proceeds. 
ri| Ans of the following expenses which are 
lid by a member ot the client's family shall be 



allowed as deductions in determining net 
monthh income: 



( 1 ) state, federal, and Social Security taxes and 
am mandator- deductions tor retirement 
contributions: 

(2) medical and dental payments not covered 
by a third-party payor: 

(3) health insurance premiums: 

(4) disability related expense s, not covered by 
a third-parts - pasor, paid for the client or 
a member of the client's family; 

(5) child care payments up to one hundred 
and sixty dollars ($161). (ill) per child per 
month for any child in the family unit 
who is J_4 sears of age or younger and the 
parents or other responsible adults are not 
able to care for the child: 

(6) post-secondarv training expenses for fam- 
ily members not to exceed the rate speci- 
fied in Rule .'121)5 (b)(3)! P) of this 
Section: and 

(7) lcgalls mandated pas ments such as 
alimony, child support or Social Security 
pasbacks. 

(\) In addition to net monthh' family income, 
other assets that are available to the client's fam- 
ils shall be considered in determining a client's 
financial need. Available assets shall mean cash 
or properts which could be used to pas for the 
cost of rehabilitation sen ices and shall include: 
( 1 ) cash in checking or sas ings accounts which 
exceeds an amount three times the net 
monthh income allowed for the famils 



size; and 
(2) real properts considering the following 
prosisions: 
(A) Real properts'. other than the famils 
homesite. shall be considered if the fair 
market value s encumbrances exceeds 
twentv-tivc thousand dollars ($25.00(1). 



(Hi The equity shall be determined bv 
subtracting the amount owed on mort- 
gages or liens from the purchase price or 
the fair market value, whichever is less. 

(C) 1 he famils homesite for the purposes 
of this Rule shall be defined as the fami- 
ly's principle place of residence and in- 
cludes 
(i) the house and lot plus all buildings 



on the lot if the residence is m the city: 
or 
fii) the house and the land on which the 
house is located up to a maximum of 



771 



XORTH CAROLISA REGISTER 



PROPOSED RULES 



one acre plus all buildings on the acre 



it the residence is in a rural area. 



(P) Real property shall he regarded as an 
available asset to the extent that it can be 
converted to cash, either by sale or bv use 
as collateral for a loan, in a timely manner 
to meet the cost of rehabilitation services. 



(k) If the clients family has excess resources in 
either net monthly family income or available 
assets, the excess resources shall be applied to the 
cost of the client's rehabilitation. The counselor 
shall determine the amounts to be paid and the 



The unit manager shall 



method of payment 
approve the payment plan. 

(1) If there arc extenuating circumstances, such 
as inability to seU property, that prohibit the cli- 
ent's application of part or aM of the excess re- 
sources toward the cost of rehabilitation, the 
application of the excess resources toward reha- 
bilitation may be waived for good cause shown 
upon written approval of the unit manager. 
Documentation of the particular circumstances 
shall be provided by the client and shall be 
maintained in the client's record. 

Authority G.S. 143-545; 143-546; 143B-I0(j); 34 
C.F.R. 361.47. 

SECTION .0300 - SERVICES 

.0304 VOCATIONAL AND OTHER TRAINING 

fa} Vocational and other training sefviees afe is 
provided only to those clients declar e d to be de- 
termined eligible for a program of rehabilitation 
services or for extended evaluation, to determine 
rehabilitation potential. They These services will 
be provided to these individual ' . ! only when thev 
cannot be obtained from other sources and only 
to the extent necessary to achieve h+s the voca- 
tional rehabilitation objective. Training services 
will be provided to the extent that entry level 
qualifications of the job, profession, or employ- 
ment are achieved. Training Such train i ng will 
be provided in accredited public or private facili- 
ties, but the Division's funding for tuition and 
fees will be limited to the amounts specified m 
Rule .0205 of this Subchapter, which meet ae- 
ceptable standards &£ quality. Training services 
w+h be provided to these indiv iduals to the degree 
that the entry level of the jt4*r profession, of 
employment is achieved. 

fh} Tconomic Heeds crit e ria afe applied to this 
range of sefviees except f-of client ', receiving 

"TTTTTTTTTt; TTT CT *1 in 11 UTI *V1 'I H 'III 1 ! 1 , tTELV I IT. T t 'T w \. I LI I l~T_I 



Authority G.S. 143-545; 143-546; 143B-10(j); 34 
C.F.R. 361.47. 

SECTION .0400 - METHODS TO ASSURE 
NONDISCRIMINATION 

.0412 APPEALS 

fa} When the individual is dissatisfied with the 
findingi . of aft administrativ e review he -. hall be 
grunted aw- opportunity fof a faif hearing b e for e 
the Stat e Director fof Vocational Rehabilitation 
Service ' . , of his designee. 

fb) -ho insure that individual '! wih he provided 
due process of a faff hearing, the stat e agency es- 
tablishes the following fait hearing procedures: 
f+} Applicant ', fbf of recipients of vocational 
rehabilitation sefviees '. hall he advised of 
their right to opportunities available to 
them under Title V+ A a«4 Titl e V4 b\- 
f3} 44+e hearing '. hull he held at a time awd 
place convenient to the individual Fe- 
questing a fah hearing. Such individual 
w+h be notified m writing as to the time 

ill tU I *K.TT.^? t^T *»ltC'l I 1 1 t?lll 1 1 1^1 TTT Ull T 9 rTT tMJ 

vanc e . Such individual w+h also be noti 
tied m writing ©f hts right to be 
repres e nt e d at the hearing by counsel, of 
a friend, aod to present witnesses if he so 
desires; aftd he w+h be notified -W days . ift 
advance se> as to have aft adequate op- 
portunily te prepar e his case. 
fj} At the hearing, the individual aftd his Fep- 
resentutive if he desires to have one, w+11 
have a» adequate opportunity to present 
witnesses fof cross examination a«4 to 



rehabilitation facilities, of ht a» on the job train 
i»g situation. 



present e vid e nc e i» his behalf. 

f4} The hearing shall he conducted by a su- 
pervisory staff memb e r designated as faif 
hearing officer fof the state agency and 
who has ftot taken paft ift the action hh- 
def consideration. A verbatim trun 
scription shall he made of ah testimony 
given at the hearing, with exhibits, o* aft 
official report containing the substance of 
what transpired at the hearing shall be 
prepared <m4 mad e available f-of review ift 
arriving at the final decis i on oft the case. 

f£} +he transcript of oflicial report and ex- 
hibits aftd the h e aring officer's r e comm 
eiulations shall constitute the exclusive 
record of the ease *&4 shall be referred to 
the Director fof revi e w aftd disposition. 
This record shal l he availabl e to the indi 
vidual at afty- reasonable time. 

f6f Authority to make a hoal decision based 
upon the r e vi e w of- the accumulat e d testi 
many, exhib i ts. *¥hi recommendations of 
the faif hearing officer shall be vested ift 



NORTH CAROLINA REGISTER 



772 



PROPOSED RULES 



rt«4 exercised ky A*» Dir e ctor <-h+ h+* des- 
ignated appeals hoard). 
{3-f 44+e d e cision shall set forth m- writing t+n» 
issue, principle. »«4 relevant feets brought 
H+ft- at t+h* hearing, pertinent prov 4sioftS *» 
taw- *h4 m- agency policy, tm4 (+h» reason 
h*s t+Ktt- le4 to- (4^ final ck ' ci '. ion wt- t4+e 
case. Wk* individual &f h+s designated 
r e pr e s e ntativ e shall t*» forward e d a copy 
t4 (4+e final decision, «*f -. hall 1»^ advis e d m 
writing t-4 ri+e cont e nt -. *4 <4+e d e cision 
Procedures governing appeals are codified m 
Subchapter 201). Section .0200 of this Chapter. 

Authority G.S. 143-545; 143-546; 34 C.F.R. 
361.48. ' 



1\ otice is hereby given in accordance with G.S. 
1 SOB- 1 2 that the Department of Human Re- 
sources - Social Services intends to amend ride (s) 
cited as 10 XCAC 4/11 .0406 - .0408. 

1 lie proposed effective date of this action is 
March I. 1090. 

1 he public hearing will be conducted at 10:00 
a.m. on December 6. 1989 at Disability Determi- 
nation Services Bldg., 321 Chapanoke Rd., 
Raleigh, \C 27603. 

K- ommcnl Procedures: Any interested person 
may present his her views and comments cither in 
writing, or orally at the hearing. Any person may 
request information, permission to be heard or 
copies of the proposed regulations by writing or 
calling Donna A. Creech. 325 X. Salisbury Street, 
Raleigh. AC 27611 (919) 733-3055. 

CHAPTER 41 - CHILDREN'S SERVICES 

SUBCHAPTER 4IH - ADOPTION STANDARDS 

SECTION .0400 - ADOPTION ASSISTANCE: 
GENERAL 

.0406 ELIGIBILITY REQUIREMENTS FOR 
MONTHLY CASH PAYMENTS 

(a) Prior to the child's placement into an 
adoptive home, the following eligibility factors 
must be determined: 

( 1 ) The child is legally clear for adoption. 

(2) The child is the placement responsibility 
of a North Carolina agency authorized to 
place children for adoption. 



(3) The child has special needs that create a 
financial barrier to adoption. 

(4) Reasonable but unsuccessful efforts have 
been made to place the child for adoption 
without the benefits of adoption assist- 



(b) 

age. 

h. 



The child must be under eighteen years of 



A child's eligibility for monthly cash pav- 
ments from adoption assistance must be based 



on o 



ne or more ol the following factors: 



( 1 ) 1 he child is a member of a sibling group 
being placed together. 

(2) The child could be placed for adoption 
with a known and approved family, but 
the circumstances of the family preclude 
assumption o[ lilil financial responsibility 
for the child. 

(3) The child has special needs due to a 
handicapping condition. 

(4) To be eligible to receive monthly cash 
payments from adoption assistance tinder 
Title 1V-F of the Social Security Act, en- 
titled "Federal Payments tor Foster Chil- 
dren and .Adoption Assistance", the child 
must be one who at the time adoption 
proceedings were initiated: 

(A) is a dependent child who meets the re- 
quirements for aid to families with de- 
pendent children (A FIX") but tor his 
removal from the home of a specified rel- 
ative for placement in a foster care facility; 
or 

(0) meets the requirements of Title XVI of 
the Social Security Act with respect to el- 
igibility tor supplemental security income 
benefits. 



(d) For the child to receive monthly cash pay- 
ments for which he is eligible, the adoptive par- 
ents must enter into an agreement with the 
child's agency prior to entry of, the final order of 
adoption. The agreement shall set forth the re- 
spective responsibilities of the agency and the 
adoptive parents during the time ot the child's 
eligibility tor this assistance. 

(e) I -'or the child to receive monthly cash pay- 
ments from adoption assistance. North Carolina 
residency is not a requirement for the child and 
adoptive parents. 

Statutory Authority G.S. I08A-49; IOSA-50; 
143B- 153. 

.0407 ELIGIBILITY REQUIREMENTS FOR 
VENDOR PAYMENTS 

te+ A child Y . eligibility k+f monthly t**4* pay- 
ments from adoption assistance shall t*e based 
t*» gvi* &f more t4 t4*» following factors: 



773 



\ORTH CAROLEXA REGISTER 



PROPOSED RULES 



(4-) '44te child h* a member of a sibling group 

being plac e t! together. 
(-^ 44h» child could be placed tof adoption 
with » Known aod approved family, bto 
toe circumstances of toe family pr e clud e 
assumption of oof financial responsibility 
fof toe child. 
(4+ 44»e child ba* special seeds doe to a 
handicapping condition not- covered by 
M e dicaid of by vendor payment ' . , from 
adoption asswrtaftee to providers of m e d 
iea+ of psychological, therapeutic, aod fe- 
medial serv i ces. 
(44 4o be eligible to receive monthly eesh 
payment ', from adoption assistance under 
Title IV II . of toe Social Security Aet-? e«- 
titled "I ederal Payment ', tof Pester Care 
aod i\doption Ass i stance", toe child mur . t 
be ooe who a* fhe tim e adoption pro 
ccedings aw initiated: 
(A) br a dependent child who meet ;, toe fe- 
c]uirement '. tof a+4 to familier . with de- 
p e nd e nt children ( AFDC) bto fof fto 
r e moval from toe homo of a sp e cifi e d fet- 
alis c tof placem e nt to a foster eafe facility; 
of 
(444 meets t-be requir e ments of T i tle XV I of 
toe Social Security Ae* with respect to el- 
igibility fo* supplemental security income 
benefit ' : . . 
(o+ A ch i ld's elig i bility fof v e ndor paym e nts 
from adoption assistanc e to m e dical providers 
at+4 to provider !, e£ psychological, therapeutic, 
aod remedied services shall be determ i ned oo t-he 
basis el documentation ok- 

(44 a Known a«4 diagnosed medical, mental. 
of emotional condition toaf w4H require 
periodic tr e atm e nt of th e rapy ef a medical 
of remedial nature; of 
(44 a potential handicap doe to hereditary 
tendency, congenital probl e m, birth m- 
jury. Of oth e r documented high fb4t factor 
leading to substantial f44e of future disa 
bility. 
fe4 oof toe child to receive adoption assistance 
benefits tof which be » eligible, fhe adoptive 
parent ', '. hall enter toto ao agreement with toe 
child's , agency to indicate toe extent to which 
they desire toe child to participate m- to+s benefits 
program. 

I . \ \ I • j 1 *■ i 1 . . * i-Kll, I In **■ ■ . 1 . U ' -- i .i.l.md^iil -t.i.1. <-■«-».•,» 

\ ^i j i i r i 1 1 1 1 vi ir ro ttt iit.vi tv hui ' i ■ i 1 1 ■ 1 1 ii.'.'i < i u i n L 

benefit '. , North Carolina r e sid e ncy b> ho+ a fe- 
quirement tof toe child ao4 adoptiv e parent *. 

fe4 ftof toe child to continue to receive benefits 
from adoption assistance, toe child must be les* 
than eighte e n year ', of aser aod toe adoptive oaf- 
eoo. nui ' .t annuallv submit documentation to es- 
tablish: 



(4) that toe child continues to be a member 
of their fam i ly e v e n though p e rhaps tern 
porarily m a placement away from toe 
home; 

I f \ t ll ■ 1 t tlT.LH 1 -I ■ I \ ' | I. 1 | ) t I j j [I I I t*i I «-.l.«-*/1»1t|l ~l|ll [ t | l.l»- 

^^^^ v^^^^T ^^^^T^^ r^^^^^^ T^TT^^^^T^^^^^^^ ^^^^ '\ p 1 i.'iv 'llllf ^^^T 

toe child; 
(4) that, if applicable, toe child continue" , to- 
be to need of services of tr e atment (of 
which he of she wa* initially determined 
eligible to receive adoption assistance o* 
toe form of v e ndor payments. 
(44 44>e adoptive parents afe responsible tof 
notifying toe child's agency ifr fof aoy reason, toe 
child' i i eligibility tof aoy category of adoption 
assistance ceases. 

fg} '44»e child's adoptis e par e nts afe e xp e ct e d 
to utilise resources aod benefit ', other than from 
adoption assistance toaf afe available of toot- may 
become available to toe child. 

fh4 44>e child's , r e cord to his agency must con 
torn documentation of toe special physical, men 
tob emotional, of placement needs toot- create a 
financ i al barrier to adoption. 

(a) Prior to the child's receipt of vendor pay- 
ments from adoption assistance to medical pro- 
viders and to providers of psychological, 
therapeutic, and remedial services, or to providers 
of legal services, the following eligibility factors 
must be determined: 



ill 
(41 



The child i^ legally clear for adoption, or 
must have been legally adopted; 

The child is^ or was, the placement re- 
sponsibility of a North Carolina agency 



authorized to place children for adoption 
at the time of adoptive placement; 

I he child has special needs that create a 
financial barrier to adoption; 

Reasonable but unsuccessful efforts have 



been made to place the child for adoption 
without the benefits of adoption assist- 
ance; or 
(5) The child's special needs, though pre- 



existing, are detected only after his place- 
ment into an adoptive home. 

(b) The child must be under eighteen years of 
age. 

(c) A child's eligibility for vendor payments 
from adoption assistance to medical providers 
and to providers of psychological, therapeutic, 
and remedial services shall be determined on the 
basis of documentation of: 

( 1 ) a known and diagnosed medical, mental, 
or emotional condition that will require 
periodic treatment or therapy or a medical 
or remedial nature: or 

(2) a potential handicap due to hereditary 
tendency, congenital puiblem. birth in- 
iurv. or other documented high risk factor 



NORTH CAROLINA REGISTER 



774 



PROPOSED RULES 



leading to substantial risk of future disa- 



bility. 



(d) A child's eligibility for vendor payments 
from ademption assistance to medical providers 
and to providers of psychological, therapeutic, 
and remedial services may be determined at any 
time during the child's minority if the medical. 



mental, or emotional condition, congenital 
problem, birth injury, or other documented 
problem is determined to have been pre-existing 
at the time of his placement into an adoptive 
home, 
(e) Prior to the child's receipt of vendor pay- 



ment benefits from adoption assistance tor which 
he is eligible, the adorjtive parents must enter into 
an agreement with the child's agency to indicate 
the extent to which thev desire the child to par- 
ticipate in this component of the benefits pro- 
gram, 1 he adoption assistance agreement must 
be renewed on an annual basis once the child 



begins to receive benefits so long as the child re 



mains eligible to receive vendor benefits, or as 
long as the parents wish him to receive these 
benefits. 

(f) lor a child to receive vendor payments from 
adoption assistance. North Carolina residency is 
not a requirement for the child and adoptive 
parents. 

Statutory Authority G.S. 108.4-49; IOSA-50; 
143B-153. 

.0408 PROCEDURES/REIMBURSEMENT OF 
ADOPTION ASSISTANCE BENEFITS 

(a) Adoption assistance benefits for which the 
child may be eligible, with the exception of ven- 
dor payments for legal fees, will become effective 
the first month following the month in which the 
final order of adoption is issued. 

(b) Claims from service providers and monthly 
cash assistance will be reimbursed or provided 
from adoption assistance funds in accordance 
with policies established by the division of social 
services, subject to the following limitations: 



(1) 



Vendor payments to medical providers 
and to providers of psychological, 
therapeutic, and remedial services will be 
made only for treatment or services given 
to alleviate or correct those special condi- 
tions ■i pocific - d *t- (4+e tim e t4*e child w# 
initially d e clar e d e ligible f-t+f tJwt- category 
of adoption a ' / i'i if i tanco: lor which the child 
has been determined eligible to receive 
benefits. 



(2) Vendor payments will not be made to re- 
imburse providers for the following: 
(A) routine medical examinations: 



(IV) illnesses or conditions not related to or 
resulting from the conditions for which 
the child was in i tially determined eligible 
for adoption aiiiii i itancu; vendor payments; 

(C) services or treatment provided to the 
child prior to entry of the final order of 
adoption; and 

(D) services or treatment that may have 
been provided on or after the first day of 
the month following the month in which 
the child's eligibility ceases. 

(c) No local match, in terms of dollars, is re- 
quired for funds for those children certified to 
receive benefits under the State bund for 
Adoptive Children with Special Needs for whom 
the final order of adoption is entered on or before 
June 30, 19S2. or for children who are the place- 
ment responsibility of licensed private child- 
placing agencies with the exception of monthly 
cash payments for those children who arc eligible 
for benefits from Title 1V-E of the Social Security 



— Act. 



Statutory Authority G.S. 108A-49; IOSA-50; 
143B-153. 

TITLE 11 - DEPARTMENT OF 
INSURANCE 

lyotice is hereby given in accordance with G.S. 
I SOB- 1 2 that the N.C. Department of Insurance 
intends to amend rule(s) cited as II XCAC 8 
.0905. 

J he proposed effective date of this action is April 
1. 1990. 

1 he public hearing will be conducted at 9:30 
a.m. on January 16, 1990 at Manufactured Hous- 
ing Board. 410 Boylan Avenue. Raleigh, A'.C. 
27611. 



Co 



omment Procedures: Written comments may 
be sent to Owen Tharrington, c o Manufactured 
Housing Board. P.O. Box 26387. Raleigh. N.C 
2761 1. Oral presentations may be made at the 
public hearing. Anyone having questions should 
call Owen Tharrington at (919) 733-3901 or 
Linda Stott at ( 919) 733-4700. 

(MAP IKK X - ENGINEERING AND BUILDING 
CODES 

SECTION .0900 - MANUFACTURED IIOl SING 
BOARD 

.0905 LICENSING 



; .•> 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(a) Any person employed by a dealer whose 
occupational activity is that of selling on behalf 
of the retail dealership shall be licensed as a 
salesperson. Cach salesperson's license shall be 
conspicuously displayed at all times by the deal- 
ership employing the salesperson. 

(b) A manufactured housing salesperson may 
be allowed to engage in business during the time 
period after making application for a license but 
before such license is granted. 

(c) The following shall not be required to be 
licensed as a manufactured housing dealer: 

(1) Receivers, trustees, administrators, execu- 
tors, guardians or other persons appointed 
by or acting under the judgment or order 
of any court; 

(2) Public officials while performing their of- 
ficial duties; 

(3) Persons disposing of manufactured homes 
acquired for their own use, provided that 
said home is not used for the purpose of 
avoiding the provisions of G.S. 143-143.9; 

(4) Licensed real estate salesmen or brokers 
who negotiate or sell a manufactured 
home for any individual who is the owner 
of not more than three manufactured 
homes; 

(5) Banks and finance companies who sell re- 
possessed manufactured homes who do 
not maintain a sales lot or building with 
one or more employed retail salespersons. 

(d) Licenses shall be issued by the board 
whenever the application is in compliance with 
the applicable laws and regulations. Such license 
shall entitle the licensee to conduct the specified 
business for a period of one year from date of is- 
suance or the first day of July, whichever is ear- 
lier. The board may, if it deems necessary, cause 
an investigation to be made to ascertain if all the 
requirements set forth in the application are true 
and shall not issue a license to the applicant until 
it is satisfied as to the accuracy of the application. 

(e) Manufactured housing manufacturers, 
dealers, and set-up contractors shall conspicu- 
ously display their licenses at all times at their 
place of business. 

(f) Whenever a bond is required by G.S. 
143-143.12, before any license shall be issued by 
the board, the applicant shall deliver to the board 
a corporate surety bond, cash bond or fixed value 
equivalent. The bond shall be to the board and 
in favor of any person who shall suffer any loss 
as a result of any violation of the law or admin- 
istrative rules governing manufactured housing. 
The bond shall be for the license period and a 
new bond or proper continuation certificate shall 
be delivered to the board at the beginning of each 
license period. The bond for one type of license 



may not be considered as the bond for another 
type of license, 
(g) I -icense fees are as follows: 

(1) two hundred fifty dollars ($250.00) per 
Certificate of Origin plant for manufac- 
tured housing manufacturers; 

(2) one hundred dollars ($100.00) per county 
of operation for manufactured housing 
dealers; 

(3) fifty dollars ($50.00) per county for sup- 
plemental manufactured housing dealer 
locations; 

(4) twenty-five dollars ($25.00) for retail 
manufactured housing salespersons; 

fS) twenty fivu dollars ($25.00) fof munufac 
tured hou '. ing repruwntatis'er i ; a«4 

(5|(6) one hundred dollars ($100.00) per 
business location for set-up contractors. 

Statutory Authority G.S. 143-143.10; 143-143.11. 

TITLE 15 - DEPARTMENT OF 

ENVIRONMENT, HEALTH, AND 

NATURAL RESOURCES 



1\ otice is hereby given in accordance with G.S. 
1 SOB- 12 that the North Carolina Wildlife Re- 
sources Commission intends to amend rule(s) 
cited as 15 NCAC 1 0B .0114. 



Th 



he proposed effective dale of this action is 
March I. 1990. 

1 he public hearing will be conducted at 10:00 
a.m. on December 13, 1989 at Third Floor Con- 
ference Room, Archdale Bui/ding 512 N. 
Salisbury Street. Raleigh, North Carolina. 

(^ omment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from No- 
vember 28, 1989 to December 28, 1989. Such 
written comments must be delivered or mailed to 
the N.C. Wildlife Commission, 5/2 N. Salisbury 
St., Raleigh, N.C. 276/1. 

CHAPTER 10 - WILDLIFE RESOLRCES AND 
WATER SAFETY 

SUBCHAPTER 10B - HUNTING AND 
TRAPPING 

SECTION .0100 - GENERAL REGULATIONS 



.01 14 DOG TRAINING AND FIELD TRIALS 



NORTH CAROLINA REGISTER 



776 



PROPOSED RULES 



(a) Except as provided in Paragraphs (b) and 
(c) of this Rule, each person engaged in training 
a dog or dogs and each active participant in a 
field trial must have obtained a North Carolina 
hunting license. The term "active participant" 
as used herein includes each person who owns 
or handles dogs, carries a firearm, or is a member 
of an organized group engaged in the conduct of 
a field trial, but does not include a person who 
is observing a field trial incidentally or who has 
stopped to witness a part of it. 

(b) A person serving as judge of a commission- 
sanctioned field trial and any nonresident partic- 
ipating therein may do so without having a 
North Carolina license, provided such nonresi- 
dent has in his possession a valid hunting license 
issued by the state of his residence. A 
"commission-sanctioned" field trial is one which, 
pursuant to a written request from the sponsor- 
ing organization, has been officially authorized in 
writing and scheduled for occurrence by an au- 
thorized representative of the Wildlife Resources 
Commission. 

(c) Persons without license may participate in 
commission-sanctioned field trials for beagles 
conducted without firearms on private field trial 
areas which are fenced in accordance with G.S. 
113-276(k). 

(d) Except as allowed by regulations pertaining 
to authorized field trials, it is unlawful to carry 
firearms, axes, saws or climbing irons while 
training dogs during closed season. 

(e) Except as authorized in this Paragraph, no 
firearms or other hunting weapons may be car- 
ried or used during any field trial for foxhounds 
or any field trial conducted during the closed 
hunting season for any other species of wildlife 
serving as the quarry or prey. Puring a 
commi ' i ' iion winction e d fi e ld trir4 t+*f b»4 dog 1 ' . 
firi ' arm '. ur . ing only blank ammunition may bt* 
w-e4 v . hen (+*» application fof *«4 f+n* authori 
I'ation ef tke 6t44 trial •** provide. On a 
commission-sanctioned field trial for retrievers 
or bird dogs, shotguns containing live ammuni- 
tion or firearms using only blank ammunition 
may be used only when the application for and 
the authorization of the field trial so provide. 
No wild waterfowl, quail or pheasant may be 
used in retne - vur field trials when shotguns with 
live ammunition are permitted. AH waterfowl. 
quail and pheasants so used must be obtained 
from a licensed game bird propagator. Each 
specimen of waterfowl so obtained shall be 
marked by one of the methods provided by 50 
C.E.R. 21.13. Each pheasant or quail so ob- 
tained shall be banded by the propagator prior 
to delivery with a metal leg band which is im- 
printed with the number of his propagation li- 



cense. The purchaser of such birds shall obtain 
a copy of the receipt from the propagator show- 
ing the date and the number and species of birds 
purchased. The copy of the receipt shall be 
available for inspection by any authorized agent 
of the Wildlife Resources Commission during the 
time and at the place where the trial is being held. 

Authority G.S. 113-134: 113-273; 113-2 r 6; 
1 13-291'. I; 113-291. 5; 50 C.F.R. 21.13. 

****************** 

iVotice is hereby given in accordance with G.S. 
I SOB- 1 2 that the North Carolina Wildlife Re- 
sources Commission intends to amend rule(s) 
cited as 15 NCAC I OF .0340. 



Th 



he proposed effective dale of this action is 
March I, 1990. 

1 he public hearing will be conducted at 10:00 
a.m. on December 1 . 19S9 at Room 3S6, Archdale 
Building. 512 N. Salisbury Street, Raleigh, .Worth 
Carolina. 



a 



■ omment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from No- 
vember 16, 1989 to December 15. 1989. Such 
written comments must be delivered or mailed to 
the N.C. Wildlife Commission. 5/2 N. Salisbury 
Street. Raleigh, X.C. 276/1. 

CHAPTER 10 - WILDLIFE RF.SOl RCES AND 
WATER SAFETY 

SUBCHAPTER 101 - MOTORBOATS AND 
WATER SAFETY 

SECTION .0300 - LOCAL WATER SAFETY 
REGULATIONS 



.0340 CURRITUCK COUNTY 

(a) Regulated Areas. This Rule applies to the 
waters and portion of waters described as follows: 

(1) Bell's Eland. The waters contained in all 
the canals on Bell's Island. 

(2) Intracoastal Waterway. The portion of 
the Intracoastal Waterway within the 
"slow speed" zone established by the 
L'nited States Army Corps of Engineers 
on both sides of the L'.S. Highway 158 
bridge at Coinjock. 

(3) Walnut Island Subdivision. The waters 
in all the canals in the Walnut Island 
subdivision in the Village of Grandv. 



777 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(4) Neal's Creek landing. Those waters of 
Currituck Sound within 50 yards of Neal's 
Creek landing as delineated by appropri- 
ate markers. 

(5) Tull's Bay. Those waters of full's Creek 
within 50 yards upstream and 50 yards 
downstream of lull's Bay Marina as de- 
lineated by appropriate markers. 

(b) Speed Limit. No person shall operate any 
motorboat or vessel at greater than no-wake 
speed within any of the regulated areas described 
in Paragraph (a) of this Rule. 

(c) Placement and Maintenance of Markers. 
The Board of Commissioners of Currituck 
County is designated a suitable agency for place- 
ment and maintenance of the markers imple- 
menting this Rule, subject to the approval of the 
United States Coast Guard and the United States 
Corps of Engineers. 

Statutory Authority G.S. 75A-3; 75A-/5. 

TITLE 21 - OCCUPATIONAL LICENSING 
BOARDS 



1\ otice is hereby given in accordance with G.S. 
I SOB- 12 that the N.C. Board of Sursing intends 
to amend rule(s) cited as 21 XCAC 36 .0109, 
.0112, .02/1, .0218, .0403 - .0405. 

1 he proposed effective date of this action is 
March I, 1990. 

1 he public hearing will be conducted at 3:00 
p.m. on December 7, 1989 at N.C. Board of 
Nursing Office, 3724 National Drive, Suite 201, 
Raleigh, NC 276/2. 



Co 



ommcnt Procedures: Any person wishing to 
address the Board relevant to proposed ntles 
should notify the Board by noon on December 6, 
1989, register at the door on the day of the hear- 
ing, and present the Hearing Office with a written 
copy of the oral testimony. Oral presentations will 
be limited to three minutes per speaker. Written 
comments only should be directed, five days prior 
to the hearing date, to the N.C. Board of Nursing, 
P.O. Box 2/29, Raleigh, NC 27602. 

CHAPTER % - BOARD OK NURSING 

SECTION .0100 - GENERAL PROVISIONS 

.0109 SELECTION AND QUALIFICATIONS 
OF NURSE MEMBERS 

(a) Vacancies in nurse member positions on the 
Board that arc scheduled to occur during the next 



year shall be announced in the December issue 
of the North Carolina Board of Nursing "Bulle- 
tin", which shall be mailed to the address on re- 
cord for each North Carolina currently licensed 
nurse on December 1. The "Bulletin" shall in- 
clude a petition form for nominating a nurse to 
the Board and information on filing the petition 
with the Board. 

(b) Each petition shall be checked with the re- 
cords of the Board to validate that the nominee 
and each petitioner hold a current North 
Carolina license to practice nursing. If the 
nominee is found to be not currently licensed, the 
petition shall be declared invalid. If any 
petitioners are found to be not currently licensed 
and this finding decreases the number of 
petitioners to less than ten, the petition shall be 
declared invalid. 

(c) On a form provided by the Board, each 
nominee shall indicate the category for which 
she,ho nominee is seeking election, shall attest to 
meeting the qualifications specified in G.S. 
90- 17 1.2 1(d) and shall provide written permission 
to havj her his name entered be listed on the 
ballot. The form must be returned on or before 
Jun e 4-5? April 15. 

(d) The majority of employment income of 
registered nurse members of the Board, must be 
earned by holding positions of primary responsi- 
bility as specified in G_S. 90-171 21(d). The fol- 
lowing definitions apply in determining 
qualifications for registered nurse categories of 
membership: 

(44 "Community health nurses" includes 
nurses who function a* genoralists aftd 
thooo who function as f i pecialioto i» aroas 
including, b«t Bet limit e d ter public 
health, school »* college health, occupa 
tional health, a«4 community m e ntal 
health. 

(-2} "Nursing education" includes programs 
preparing persons fof licensure as a nurse, 
continuing education fof nurses, inservico 
Bf staff education, tm4 graduat e education 
m nursing. 

(1) Nurse fducator includes any nurse who 
teaches in or directs a basic undergraduate 
or graduate nursing program; who teaches 
in or directs a continuing education or 
staff development program for nurses; or 
prepares unlicensed health care workers. 

(2) Hospital is defined as any facility which 
has an organized medical staff and which 
is designed, used, and primarily operated 
to provide health care, diagnostic and 
therapeutic services, and continuous 
nursing to inpatients. 



NORTH CAROLINA REGISTER 



778 



PROPOSED RULES 



(3) Hospital Nursing Service Director is anv 
nurse who is the chief executive officer tor 
nursing service. 



(4) 1 mplosed hv a hospital includes any nurse 
employed hv a hospital. 

(5) I mploved by a physician includes any 
nurse employed by a physician or group 
of physicians licensed to practice medicine 
rn North Carolina and engaged in private 
practice. 

(6) 1 mplo\ed by skilled or intermediate care 
facility includes anv nurse employed by a 
skilled or intermediate care facility. 

(7) Registered nurse approved to perform 
medical acts includes any nurse approved 
tor practice in North Carolina as a Nurse 
Practitioner or Certified Nurse Midwife. 

(K) Comniumlv health nurse includes anv 
nurse who functions as a generalist or 
specialist in areas including, but not lim- 
ited to. public, student, occupational or 
mental health. 

(e) The term "nursing practice" when used in 
determining qualifications for registered or prac- 
tical nurse categories of membership, means any 
position for which the holder of the position is 
required to hold a current license to practice 
nursing. 

(f) A nominee shall be listed in only one cate- 
gory on the ballot. 

(g) If there is no nomination in one of the 
registered nurse categories, all registered nurses 
who have been duly nominated and qualified 
shall be eligible for an at-large registered nurse 
position. A plurality of votes for the registered 
nurse not elected to one of the specified catego- 
ries shall elect that registered nurse to the at-large 
position. 

(h) Separate ballots shall be prepared for 
election of registered nurse nominees and for 
election of licensed practical nurse nominees. 
Nominees shall be listed in alphabetical order on 
the ballot for licensed practical nurse nominees 
and within the categories for registered nurse 
nominees. Ballots shall be accompanied by bi- 
ographical data on nominees. Ballots shall pre- 
scribe the method of voting. 

(i) Any nominee may withdraw her his name 
at any time by written notice prior to the date 
and hour fixed by the Board as the latest time for 
return for ballots. Such nominee shall be elimi- 
nated from the contest and any votes cast for that 
nominee shall be disregarded. 

(j) On or about August 44v June 15, the ap- 
propriate ballot and a return official envelope 
shall be mailed to the address on record for each 
currently licensed nurse on that date, together 
with a notice designating the latest day and hour 



for return of ballot which shall not be earlier than 
the tenth day following the mailing. 

(k) The Board of Nursing may contract with a 
computer or other service for receipt of envelopes 
with ballots and the counting of ballots. 

(1) The counting of ballots shall be conducted 
as follows: 

(1) The certificate number and name of the 
voter shall be entered on the perforated 
section of the ballot sheet. 

(2) The certificate number and name of the 
voter shall be matched with the registra- 
tion list. In the event that there is not a 
match, the entire ballot sheet shall be set 
aside for inspection, validation, or invali- 
dation by the Board of Nursing. 

(3) Those ballots which are not set aside shall 
have the perforated section completely 
separated from the ballot portion of the 
sheet. 

(4) Only official ballots shall be counted. 

(5) A ballot marked for more names than 
there are positions to be filled shall not 
be counted for that category but shall be 
counted for all other categories voted cor- 
rectly. 

(6) If for any reason it is impossible to deter- 
mine a voter's choice for a category of 
nurse, that ballot shall not be counted for 
that category, but shall be counted for all 
other categories clearly indicated. 

(7) Ballots identified in (2), (5) and (6) of this 
Paragraph shall be set aside for inspection 
and determination by the Board of Nurs- 
ing. 

(m) A plurality vote shall elect. If more than 
one person is to be elected in a category, the 
plurality vote shall be in descending order until 
the required number has been elected. In any 
election, if there is a tie vote between nominees, 
the tie shall be resolved by a draw from the 
names of nominees who have tied. 

(n) The results of an election shall be recorded 
in the minutes of the next regular meeting of the 
Board of Nursing following the election and shall 
include at least the following: 

( 1 ) the number of nurses eligible to vote, 

(2) the number of return ballots set aside and 
the disposition of same, 

(3) the number of ballots cast, 

(4) the number of ballots declared invalid, and 

(5) the number of votes cast for each person 
on the ballot. 

(o) The results of the election shall be for- 
warded to the Governor and the Governor shall 
commission those elected to the Board of Nurs- 
ing. 



"9 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(p) All petitions to nominate a nurse, signed 
consents to appear on the ballot, verifications of 
qualifications, perforated sections of the ballot 
sheets containing the certificate number and 
name of the voter, and the ballots shall be pre- 
served for a period of three months following the 
close of an election. 

Statutory Authority G.S. 90-171.21; 

90- 17 1. 23(b). 

.0112 DETERMINATION OF VACANCY 

(a) Should a registered nurse member of the 
Board cease to be actively employed (as defined 
in Rule .0113) in the specified area defined in 
G.S. 90- 17 1.2 1(d), which is the basis for the 
member's eligibility, the member will have 60 
days to resume employment in the designated 
area. If active employment in the specified area 
is not resumed within 60 days, the seat will be 
declared vacant and the vacancy filled according 
to G.S. 90-171. 21(c). Provided, however, that if 
cessation of active employment within the speci- 
fied area occurs within 90 days of the end of the 
member's term, such member may continue to 
serve until the end of the term. 

(b) Should a licensed practical nurse member 
of the Board cease to be actively employed, 
which is the basis for the member's eligibility, the 
member will have 60 davs to resume employ- 
ment. If active employment is not resumed 
within 60 days, the seat will he declared vacant 

illed 



according to G.S. 



and the vacancy 

90-171. 21(c). Provided however, that if cessation 
of active employment occurs within 90 days of 
the end of the member's term, such member may 
continue to serve until the end of the term. 



Statutory A uthority 
90-17I.23(b). 



G.S. 90-171.2l(c); 



SECTION .0200 - LICENSURE 

.0211 EXAMINATION 

(a) An applicant meets the educational quali- 
fications to wntc the examination for licensure to 
practice as a registered nurse bv: 

( 1) graduating from a board approved nursing 
program designed to prepare a person for 
registered nurse licensure: 

(A) applicants graduating before July _K 
1981 have no time restrictions on writing 
the examination; 

(B) applicants graduating after July 1, 19X1 
must write the examination within three 
years of graduation. 



signed to prepare graduates for the equiv- 
alent of licensure as a registered nurse, and 
submitting the certificate issued by the 
Commission on Graduates of 1 o reign 
Nursing Schools as evidence of the re- 
quired educational qualifications, 
(b) An applicant meets the educational quali- 
fications to write the examination for licensure to 
practice as a licensed practical nurse by: 

( 1) graduating from a board approved nursing 
program designed to prepare a person lor 
practical nurse licensure: 

(A) applicants graduating before July j^ 
1981 have no time restrictions on writing 
the examination; and 

(B) applicants graduating after July ]^ 1981 
must write the examination within three 
vears of eraduation. 



(2) graduating from a nursing program outside 
the United States or Canada that is de- 



(2) graduating from a nursing program outside 
the United States or Canada that is de- 
signed to prepare graduates for the equiv- 
alent of licensure as a licensed practical 
nurse, and submitting evidence of the re- 
quired educational qualifications; or 

(3) graduating within the past three years from 
a board approved nursing program de- 
signed to prepare graduates for registered 
nurse licensure, and failing to pass the ex- 
amination for registered nurse licensure. 

(c) (a} An application to the Board of Nursing 
for examination shall be submitted at least ^4> 60 
days prior to the examination. In instances 
where the 30 day 60 day deadline cannot be met, 
the Board may grant an exception upon request 
from the Director of the nursing educational 
program in which the applicant is enrolled or 
from the applicant. An admission card with 
specific information as to time, date, and place 
of examination will be mailed to the applicant 
approximately 14 days prior to the date of the 
examination. 

(d) (b) Those applicants who qualify for exam- 
ination in accordance with G.S. 90-171.29 will 
be mailed a Status A temporary license as pro- 
vided for in G.S. 90-171.33. 

(e) Graduat e;. t4 nursing programs outsid e A*» 
United States af»4 Canada shall submit &*» eef- 
tificate issued by th# Commission »«• Graduates 
t*f Foreign Nursing Schools as evidence e£ tl*» 
required educational qualifications. 

(e) fd-> The examinations for licensure developed 
by the National Council of State Boards of 
Nursing, Inc. shall be the examinations for 
licensure as a registered nurse or as a licensed 
practical nurse in North Carolina. 

(1) These examinations shall be administered 
in accordance with the contract between 



NORTH CAROLINA REGISTER 



7S0 



PROPOSED RULES 



the Board of Nursing and the National 
Council of State Boards of Nursing, Inc. 

(2) The examination for licensure as a regis- 
tered nurse shall be administered in Feb- 
ruary and July on dates determined by the 
National Council of State Boards of 
Nursing, Inc. 

(3) The examination for licensure as a licensed 
practical nurse shall be administered in 
April and October on dates determined 
by the National Council of State Boards 
of Nursing, Inc. 

(4) Scores on the examination shall be re- 
ported, by mail only, to the individual 
applicant and to the director of the pro- 
gram from which the applicant was grad- 
uated. Aggregate results from the 
examination may be published by the 
Board. 

(5) The passing standard score shall be MM m 
for each of the five tests comprising the 
examination for registered nurse licensure, 
up to and including the February' 1982 
examination is 350. Beginning For the 
examination o tie red in July 1982 and «f» 
t+* tm4 including the through July 1988, 
examination, the passing standard score 
■. hall be is 1600. fof the examination. 
Beginning m February 1989, the passing 
score shall be for registered nurse licensure 
is reported as "PASS". 

(6) The passing standard score shall be ^4£> for 
the examination for practical nurse 
licensure, up to and including the April 
1988 is 350. e xamination. Beginning m 
October 1988, the passing score for prac- 
tical nurse licensure is shall be reported as 
"PASS". 

(f) Applicants who meet the qualifications for 
licensure will be issued a certificate of registration 
and a license to practice nursing for the remain- 
der of the vear. 

(g) fe+ Applicants for North Carolina license 
may take the examination for licensure developed 
by the National Council of State Boards of 
Nursing, Inc. in another jurisdiction of the 
United States, providing: 

( 1 ) the Board of nursing in that jurisdiction 
consents to proctor the applicant; 

(2) arrangements are made through the North 
Carolina Board of Nursing sufficiently in 
advance of the examination date to meet 
application requirements in both jurisdic- 
tions; and 

(3) the applicant pays any service fee charged 
by the proctoring Board. 

(h) ff> The North Carolina Board of Nursing 
may proctor an examination upon request of 



another state Board of nursing at the regularly 
scheduled examination sessions if space is avail- 
able. The applicant shall submit a service fee for 
such proctoring. 



Statutory Authority 
90-171.29; 90-17130. 



G.S. 90-171.23(15); 



.0218 LICENSURE WITHOUT EXAMINATION 
(BY ENDORSEMENT) 

(a) The Board will provide an application form 
which the applicant who wishes to apply for 
licensure without examination (by endorsement) 
must complete in its entirety. 

(1) The applicant for licensure by endorse- 
ment as a registered nurse.is required to 
show evidence of: 

(A) completion of a nursing program ap- 
proved by the jurisdiction of original 
licensure; 

(B) attainment of a standard score equal to 
or exceeding 350 on each test in the li- 
censing examination developed by the 
National Council of State Boards of 
Nursing, Inc. administered prior to July 
1982; or a standard score of 1600 on the 
licensing examination developed by the 
National Council of State Boards of 
Nursing, Inc. beginning in July 1982 and 
up to and including the July 1988 exam- 
ination; or beginning in February 1989, a 
score of "PASS". An exception to this 
requirement is made for the applicant who 
was registered in the original state prior to 
September 1956. Such applicant must 
have attained the score, on each test in the 
series, which was required by the state is- 
suing the original certificate of registra- 
tion; 

(C) mental and physical health necessary' to 
competently practice nursing; and 

(D) unencumbered active license in original 
jurisdiction of licensure or another juris- 
diction; if the license in the other jurisdic- 
tion has been inactive or lapsed for five 
or more years, the applicant will be sub- 
ject to requirements for a refresher course 
as indicated in G.S. 90-171.35 and 
90-171.36. 

(2) The applicant for licensure by endorse- 
ment as a licensed practical nurse is re- 
quired to show evidence of: 

(A) completion of a program in practical 
nursing approved in the jurisdiction of 
original licensure or bv meeting the re- 
quirements as cited in Rule .021 1 (b)(3)(4) 
of this Section. The applicant who was 
graduated prior to July 1956 will be con- 



7S1 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



sidered on an individual basis in light of 
licensure requirements in North Carolina 
at the time of original licensure; 

(B) achievement of a passing score on the 
licensing examination developed by the 
National Council of State Boards of 
Nursing, Inc. If originally licensed on or 
after September 1, 1957, and up to and 
including the April 1988 examination, an 
applicant for a North Carolina license as 
a practical nurse on the basis of examina- 
tion in another state must have attained a 
standard score equal to or exceeding 350 
on the licensure examination. Beginning 
in October 1988, an applicant must have 
received a score of "PASS" on the 
licensure examination. The applicant 
who was licensed prior to September 1, 
1957 in the original jurisdiction will be 
considered on an individual basis in light 
of the licensure requirements in North 
Carolina at the time of original licensure; 

(C) mental and physical health necessary to 
competently practice nursing; and 

(D) unencumbered active license in original 
jurisdiction of licensure or another juris- 
diction; if the license in the other jurisdic- 
tion has been inactive or lapsed for five 
or more years, the applicant will be sub- 
ject to requirements for a refresher course 
as indicated in G.S. 90-171.35 and 
90-171.36. 

(b) The North Carolina Board of Nursing will 
require applicants for licensure by endorsement 
to provide proof of secondary education 
achievement only if deemed necessary for iden- 
tification, or other just cause. 

(c) Individuals who have been licensed in 
Canada on the basis of the Canadian Nurses' 
Association Test Service Examination written in 
the English language are eligible to apply for 
registration by endorsement. 

(d) A nurse educated and licensed outside the 
United States of America is eligible for North 
Carolina licensure by endorsement if the nurse 
has: 

( 1 ) proof of education as required by the 
Board or a certificate issued by the Com- 
mission on Graduates of Foreign Nursing 
Schools; and 

(2) proof of passing the licensing examination 
developed by the National Council of 
State Boards of Nursing. Inc. in another 
jurisdiction. 

(e) When completed application, evidence of 
current license in another jurisdiction, and fee are 
received in the Board office, a temporary' license 
is issued to the applicant. Employer references 



may be requested to validate competent behavior 
to practice nursing, 
(f) Facts provided by the applicant and the 
Board of Nursing of original licensure are com- 
pared to confirm the identity and validity of the 
applicant's credentials. Status in other states of 
current licensure is verified. When eligibility is 
determined, a certificate of registration and a 
current license for the remainder of the calendar 
year are issued. 



Statutory Authority 
90-171.33: 90-171.37. 



G.S. 90-l7l.23(b); 



SECTION .0400 - UNLICENSED PERSONNEL: 
NLKSE AIDES 

.0403 QUALIFICATIONS 

(a) As of Januarv' 1, 1990, or consistent with 
any date amended by the Federal Government, 
but no later than January 1^ 1991, a nursing fa- 
cility, w and bv August 14, 1990 for a home 
health agency, as mandated bv the Omnibus 
Budget Reconciliation Act of 1987 [P.L. 100-203, 
42 U.S.C.S. 1395i-3 (1987)], shall not use any 
unlicensed individual as a Nurse Aide I, regard- 
less of title, to provide nursing care activities, as 
identified in Rule .0405(c) of this Section, to cli- 
ents for longer than the first four months fol- 
lowing initial hiring unless: 

(1) the individual has successfully completed, 
in addition to an orientation program 
specific to the employing facility, a Board 
of Nursing approved Level I nurse aide 
training and competency evaluation pro- 
gram or a Board approved competency 
evaluation program; and 

(2) the nursing facility or home health agency 
has inquired of the Board of Nursing as 
to information in the Nurse Aide Registry 
concerning the individual and has con- 
firmed with the Board of Nursing that the 
individual is listed on the Nurse Aide 
Registry. Nursing facilities may also ver- 
ify the registration of a Nurse Aide I with 
the Division of Facility Services. 

(b) As of January 1, 1991, a service agency, 
other than a nursing facility or a home health 
agency identified in Paragraph (a) of this Rule, 
shall not use any unlicensed individual as a Nurse 
Aide I, regardless of title, to provide nursing care 
activities to clients for longer than the first four 
months following initial hiring unless: 

( 1 ) the individual has successfully completed, 
in addition to an orientation program 
specific to the employing agency, a Board 
of Nursing approved level I nurse aide 
training and competency evaluation pro- 



NORTH CAROLINA REGISTER 



782 



PROPOSED RULES 



gram or a Board approved competency 
evaluation program; and 
(2) the agency has inquired of the Board of 
Nursing as to information in the Nurse 
Aide Registry concerning the individual 
and has confirmed with the Board of 
Nursing that the individual is listed on the 
Nurse Aide Registry, 
(c) As of the date that these rules are effective, 
a service agency, home health agency, or a nurs- 
ing facility shall not use any unlicensed individual 
at the Nurse Aide Level II unless: 

(1) the individual has successfully completed, 
in addition to an orientation program 
specific to the employing agency, a Board 
of Nursing approved Level II nurse aide 
training and competency evaluation pro- 
gram; cm4 

(2) the agency has inquired of the Board of 
Nursing as to information in the Nurse 
Aide Registry concerning the individual 
and confirms with the Board of Nursing 
that the individual is listed on the Nurse 
Aide Registry as a Nurse Aide Level II; 

[3] the nurse aidc(s) who performed any 
Nurse Aide M activitv(ies) prior to March 
Jj 1989; may continue performing such 
activity (ies) in that agency until March J^ 
1991 Bv March 1. 1992. the individual 
must successfully complete a Nurse Aide 
U Training and Competency Evaluation 
Program and submit a completed appli- 
cation and fee for listing on the Registry. 
By April _K 1990 the nurse administrator 
of each agency must notify the Board of 
Nursing in writing of the following: 

(A) name of each unlicensed person who 
had performed prior to March 1. 19X9 and 
continues to perform any Nurse Aide ]_[ 
activitv(ies); 

(B) the Nurse Aide I_[ activitv(ies) being 
performed: and 

(C) a plan indicating when each unlicensed 
person performing Nurse Aide II 
activitv(ics) will complete a Nurse Aide ]_[ 

Training and Competency Evaluation 
Program and be listed on the Registry. 



A cop\ of the notification shall be kept 
on fi]e at the agency for review bv the 
North Carolina Board of Nursing. 
(d) Registration on the Nurse Aide Registry is 
not required if the care is performed by clients 
themselves, their families or significant others, or 
by caretakers who provide personal care to indi- 
viduals whose health care needs are incidental to 
the personal care required. 



Statutory Authority G.S. 90-171.20 (2) (4) (7) 
d., e., g.; 90-171.43(4); 90-171.55; 42 U.S.C.S. 
13951-3 (1987). 

.0404 REGISTRATION 

(a) The Board of Nursing shall maintain a list 
of nurse aides in the Nurse Aide Registry who 
are qualified in accordance with the requirements 
of Rule .0403 of this Section. 

(b) All nurse aides, regardless of working title, 
employed or assigned in a service agency for the 
purpose of providing nursing care activities shall, 
upon successful completion of a nurse aide 
training and competency evaluation program or 
a nurse aide competency evaluation program, 
submit an application to the Board of Nursing 
for placement on the Nurse Aide Registry. The 
application shall be submitted with an annual fee. 
I'm plovers may submit the fee for their nurse 
aides. 

(c) A nurse aide employed as of January 1, 
1990 in a nursing facility or home health agency, 
as mandated by 42 L'.S.'C.S. 1395i-3 (1987), shall 
successfully complete a Board of Nursing ap- 
proved training and competency evaluation pro- 
gram or a competency evaluation program prior 
to submitting an application to the Board of 
Nursing for placement on the Nurse Aide Regis- 
try. 

(d) A nurse aide employed in a service agency 
as of January 1, 1991 shall successfully complete 
a Board of Nursing approved training and com- 
petency evaluation program or an approved 
competency evaluation program prior to sub- 
mitting an application to the Board of Nursing 
for placement on the Nurse Aide Registry. 

(e) Each nurse aide shall renew his her regis- 
tration on a biennial basis on forms provided by 
the Board. 

(f) Any nurse aide who has had a continuous 
period of 24 months during which no nursing 
care activities were performed for monetary 
compensation, shall successfully complete a new 
training and competency evaluation program and 
submit an application to be placed on the Nurse 
Aide Registry. 

(g) The Division of Facility Services, or any 
other employing agency, is responsible for inves- 
tigating complaints related to nurse aides. If, 
following a timely review and investigation of 
allegations of client neglect or abuse or misap- 
propriation of client property, the agency deter- 
mines that the nurse aide has neglected or abused 
the client or misappropriated client property, the 
agency shall notify the Board of Nursing within 
ten business days. The investigating agency's 
findings indicating a nurse aide has neglected or 
abused a client or misappropriated client prop- 



783 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



crty shall be available to the public upon inquiry 
to the Nurse Aide Registry. Any information 
disclosed concerning such a finding shall include 
the findings and a statement whether the indi- 
vidual has disputed the findings. 

Statutory Authority G.S. 90-171.20 (2) (4) (7) 
d.. e., g.; 90-171.43(4); 90-171.55; 42 U.S.C.S. 
13951-3 (I9S7). 

.0405 APPROVAL OF NURSE AIDE 
EDUCATION PROGRAMS 

(a) The North Carolina Board of Nursing shall 
approve nurse aide training and competency 
evaluation programs and nurse aide competency 
evaluation programs which prepare two levels of 
nurse aides. Nurse aide training and competency 
evaluation programs and nurse aide competency 
evaluation programs may be offered by an indi- 
vidual, agency, or educational institution once 
the program is approved by the Board. 

(1) Each entity desiring to offer a nurse aide 
training and competency evaluation pro- 
gram or competency evaluation program 
shall submit the program for approval at 
least 60 days prior to offering the pro- 
gram. 

(2) Nurse aide training and competency eval- 
uation programs and competency evalu- 
ation programs shall be submitted for 
reapproval when the program is changed 
substantially, or at least every two years. 

(3) The Board of Nursing representatives may 
survey nurse aide training and competency 
evaluation programs, competency evalu- 
ation programs, and associated clinical 
service agencies to determine the pro- 
gram's compliance with the requirements 
of the Board. 

(4) The Board of Nursing may approve a 
nurse aide training and competency eval- 
uation program or nurse aide competency 
evaluation program which is approved by 
another state agency, if the Board of 
Nursing has reviewed the state agency's 
process and criteria of approval of nurse 
aide education programs and determines 
the process and criteria ensure that the 
Board of Nursing's requirements are met. 

(b) The Board shall identify and publish on an 
annual basis the minimum course content and 
minimum hours of instruction for Ixvel I and 
Level II nurse aide education programs. Level I 
Nurse Aide education programs shall include a 
minimum of 75 hours. Level II Nurse Aide ed- 
ucation programs shall include a minimum of 80 
hours of theory and 80 hours of supervised clin- 
ical instruction. 



(c) Each Nurse Aide I^evel I course must in- 
clude: 

(1) Basic nursing skills; 

(2) Personal care skills; 

(3) Recognition of mental health and social 
service needs, including, but not limited 
to, the aging process; 

(4) Basic restorative services; 

(5) Client's rights; 

(6) Body mechanics; 

(7) Nutrition; 

(8) Elimination; 

(9) Safety; 

(10) Communication and documentation; 

(11) Special procedures; 

(12) Roles of members of the health care 
team. 

(d) Each Nurse Aide Level II course must in- 
clude content identified as appropriate for the 
Level II Nurse Aide by the Board of Nursing. 
The Level II Nurse Aide training and compe- 
tency evaluation program prepares the Nurse 
Aide II through additional theory and clinical 
instruction to perform more complex skills as 
identified by the Board of Nursing as appropriate 
for unlicensed personnel. 

(e) Each competency evaluation program shall 
include content to verify the knowledge and skills 
of the nurse aide who successfully completes the 
course as being comparable for the appropriate 
level of nurse aide. 

(f) The Board shall identify and publish on an 
annual basis minimum competencies and quali- 
fications for faculty for the Nurse Aide Level I 
and I^evel II Training and Competency Evalu- 
ation Programs and Competency Evaluation 
Programs. Each faculty shall: 

(1) hold a current North Carolina license as 
a registered nurse, 

(2) have had at least two years of direct pa- 
tient care experience, and 

(3) have demonstrated competency to teach 
adult learners. 

(g) Each nurse aide training and competency 
evaluation program and each competency evalu- 
ation program shall file with the Board such re- 
cords, data, and reports as may be required by 
the Board in order to furnish information con- 
cerning operation of the program and any indi- 
vidual who successfully completes the program. 
Programs approved under Rule .0402(b) of this 
Section shall furnish such information to the Di- 
vision of Facility Services. 

(h) When an approved nurse aide training and 
competency evaluation program or a competency 
evaluation program closes, the Board shall be 
notified in writing by the program or the Division 
of Facility Sen ices. 



NORTH CAROLINA REGISTER 



7S4 



PROPOSED RULES 



(i) Nursing students currently enrolled in Board 
of Nursing approved nursing programs desiring 
registration as a Nurse Aide I or II shall submit: 

( 1 ) An application; and 

(2) A verification form completed by the 
nursing program director indicating suc- 
cessful completion of course work equiv- 
alent in content and clinical hours as 
required for a Nurse Aide I or II. 

(j) Registered nurses and licensed practical 
nurses who hold current, unencumbered licenses 
in North Carolina may make application as a 
Nurse Aide I or ]J_ 

Statutory Authority G.S. 90-171.20 (2) (4) (7) 
d., e., g.; 90-171.43(4); 90-171.55; 42 U.S.C.S. 
13951-3 (I9S7). 



'k-k-k-k-k-k-k-k-k'k-k-k-k-k'k'kitit 

1\ otice is hereby gh-en in accordance with G.S. 
I50B-I2 that the X.C. State Board of Sanitarian 
Examiners intends to amend rule(s) cited as 21 
XCAC62 .0407, .0411. 

1 he proposed effective date of this action is 
March I. 1990. 

1 he public hearing will be conducted at 10:00 
a.m. on December 1 . 1989 at Conference Room, 
Adams Building, Dorothea Dix Campus, Raleigh, 
X.C. 

C omment Procedures: Comments will be re- 
ceived at the public hearing. 

CHAPTER 62 - BOARD OF SANITARIAN 
EXAMINERS 

SECTION .0400 - Rl IKS OF OPERATION 



.0407 RENEWAL 

(f) Registered Sanitarians 



shall 



sfulh 



complete the following specified continuum edu- 
cation requirements lor renewal: 

( 1 ) A bachelor's or master's graduate of an 
accredited environmental health program 
must complete within two years of em- 
ployment, the NC State University Pood 
Protection short course or one soils 
workshop approved by the Board: 
(_2j JJi£ CDC Homcstudv Course 3013-G, 
"Insect and Rodent Control ". during the 
first three vcars lollowing employment. 
Successful completion of the CDC 



plovmcnt or completion of an equivalent 
course offered by an environmental health 

degree program accredited hv the Nation, il 
Accreditation ( ouiuil o\_ Environmental 
1 lealth Curricula meets the requirements 
for CDC Ilomestudv Course 3013-G; 



(41 



(3) A public health law course during the first 
four years lollowing employment: and 
After tour years of employment, ten in- 
structional class hours of continuing edu- 
cation each \ ear. Continuing education 
acceptable to the Board includes attend- 
ance at district meetings; satisfactory 
completion of a seminar or short course; 
successful completion of a course offered 
by an accredited college or university; or 
successful completion of any one of the 
following CDC Ilomestudv Courses: 



(A) -31)1 1-G. "Basic Mathematics in Envi- 
ronmental I lealth"; 

Oil 



-3012-G, "Communicable Disease 



Control"; 
(C) -.30 14-Cj. "W'aterborne Disease Con- 



trol"; 
(D) -301 5-G. "Em ironmental Protection"; 

(I) -3016-G. "Eoodhorne Disease (Con- 
trol"; 

(F) -3017-G. "Water Fluoridation"; 

(G) " -301S-G, "Microbial Ecology of 
Poods"; 

(II) -3030-G, "Principles of Epidemi- 
ology". 

Each of the CDC Ilomestudv Courses 
may be used only one time to satisfy the 
ten clock hours of continuing education 
requirements. Documentation of suc- 
cessful completion of any one of the ('DC 
1 lomestudv Courses will satisfy the con- 
tinuing education requirements for the 
calendar year m which the course ^s com- 
pleted. 



I lomestudv Course 3013-G prior to cm- 



Statutory Authority G.S. 90A-57; 90A-63. 

.041 1 SPECIALIZED TRAINING 

-Vft applicant f+*f » certificate a* a registered 
'. unitarian t-*+ renewal as » '■ unitarian w a 
( ■ unitarian intern '. hall complete a course h+ spe- 
cialised in -' tiTtction a«4 training approved by t+n* 
Board. 
(a) An applicant for registration who i^ a 
graduate of_ a bachelor's or master's degree pro- 
gram accredited hv the National Accreditation 
Council for Environmental Health Curricula 
shall successfully complete the following: 

( 1 ) Orientation and initial field training as 
soon as possible after employment as a 
sanitarian intern, but in no case later than 



7S5 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



01 



90 days after employment; orientation and 
initial field training must he completed at 
one of the Division of 1 lealth Services' 
recognized orientation and initial field 
training centers; and 

The ('enter for Disease Control (CDC) 
1 lomestudy Course 3010-G, "Environ- 
mental Science", or its equivalent; suc- 
cessful completion of the CDC 
1 lomestudy Course 3010-G or its equiv- 
alent prior to employment or graduation 
from an environmental health degree pro- 



gram accredited bv the National Accredi- 



tation Council for Environmental Health 
Curricula meets the requirements of this 
Rule, 
(b) An applicant for registration who is a 
graduate of a bachelor's program with a mini- 
mum of J_5 semester hours science shall success- 
fully complete the following: 

( 1) Requirements in Paragraphs (a)(1) and (2) 
of this Rule; and 

(2) The NC State University Food Protection 
Short course or one soils workshop ap- 
proved by the Hoard. 

Statutory Authority G.S. 90A-53; 90A-57. 

TITLE 25 - OFFICE OF STATE 
PERSONNEL 



lVotice is hereby given in accordance with G.S. 
1 SOB- 1 2 that the OS Pi State Personnel Commis- 
sion intends to amend rule(s) cited as 25 NCAC 
IE .1003; III .0602, .0604; IJ .0606; and adopt 
rule(s) cited as 25 NCAC I J .0613. 

1 he proposed effective date of this action is 
March 1, 1990. 

1 he public hearing will be conducted at 9:00 
a.m. on December 6, 19S9 at 101 W. Peace St., 
Raleigh, N.C. 27612. 

K^ommenl Procedures: Interested persons may 
present statements orally or in writing at the 
hearing or in writing prior to the hearing by mail 
addressed to: Drake Maynard, OSP, 116 W. 
Jones St., Raleign, N.C. 27612. 

CHAPTER I - OFFICE OF STATE PERSONNEL 
SUBCHAPTER IE - EMPLOYEE BENEFITS 
SECTION .1000 - MISCELLANEOUS LEAVE 

.1003 EMPLOYEE PARTICIPATION IN 



VOLUNTEER EMERGENCY SERVICES 

(a) Agency »f department heads are authorized 
to establish a policy providing time off with pay 
to employees participating in volunteer emer- 
gency and rescue services within a limited area 
around their work station. Each department 
agency head is responsible for determining that a 
bona fide need for such services exist within a 
given area. A bona fide need should be defined 
as real or eminent danger to life or property. 
Each policy should require sufficient proof of the 
employee's membership in an emergency volun- 
teer organization and that the performance of 
such emergency services will not be an undue 
drain on the government activities which would 
be affected. 

(b) Employees are encouraged to use the priv- 
ilege and opportunity to participate in life giving 
through blood donorship. Participating em- 
ployees shall be .given reasonable time off with 
pay for whole blood donation, pheresis proce- 
dure or bone marrow transplant. 

Statutory Authority G.S. 126-4. 

SUBCHAPTER III - RECRUITMENT AND 
SELECTION 

SECTION .0600 - GENERAL PROVISIONS 

.0602 POSTING AND ANNOUNCEMENT OF 
VACANCIES 

(b) If the decision is made, initially or at any 
time a vacancy remains open, to receive appli- 
cants from within the overall state government 
workforce, that vacancy shall be fisted with the 
Office of State Personnel for the purpose of in- 
forming current state employees of the opening. 
Such vacancies shall have an application period 
of not less than seven work days from the time 
the listing is received by the Office of State Per- 
sonnel. Each vacancy for internal posting or 
listing with the Office of State Personnel will be 
described in an announcement which includes at 
minimum the title, salary range, key duties, 
knowledge and skill requirements, minimum ed- 
ucation and experience standard, the application 
period and the appropriate contact person. 
Posting requirements shall not apply to: 

(5) Vacancies for positions to be filled by chief 
deputies and chief administrative assist- 
ants to elected or appointed department 
heads; and vacancies for positions to be 
filled by confidential assistants and confi- 
dential secretaries to elected or appointed 
department heads, chief deputies, or chief 
administrative assistants. 



NORTH CAROLINA REGISTER 



7S6 



PROPOSED RULES 



Statutory Authority 
1 26-5 (d); 126-7.1. ' 



G.S. 96-29; 126-4(4); 



.0604 APPLICAN1 INFORMATION AND 
APPLICATION 

(b) Applicants applying for a state vacancy 
must complete and submit a State Application 
Form (Form I'D- 107) to the hiring authority. 
In completing an Application Form, persons 
subject to registration under the Military Selec- 
tive Service Act (50 I nitcd States Code, Appx 
Section 453) must certify compliance with such 
registration requirements to be eligible for State 
employment, as required by (i.S. 143B-421 . 1 . 
I he knowing and willful failure of a subject per- 
son to certify compliance when submitting an 
Application for formal consideration, or to falsely 
certify compliance, may be grounds for dismissal 
from employment. It is not necessary for agen- 
cies to accept a State Application Form in the 
absence of an actual vacancy under active 
recruitment. Agencies may accept resumes, 
adopt an interest card system, or develop some 
other method of recording public interest in va- 
cancies which may develop in the future. 



Statutory Authority G.S. 96-29; 
I43B-421.I; 50 USCA Section 453. 



126-4; 



SUBCHAPTER 



EMPLOYEE RELATION'S 



SECTION .0600 - DISCIPLINARY ACTION: 
SUSPENSION AND DISMISSAL 

.0606 DISMISSAL 

Before an employee may be dismissed on the 
basis of job performance, the following shall oc- 
cur: 
(2) A pre-dismissal conference shall be held 
between the person recommending dismissal 
and the employee. No third parties shall be 
present at this conference, including attor- 
neys or other representatives, m- witnc . w . . 
Witnesses or security personnel may be 
present at management s request. I he 
management representative shall give the 
employee notice including the specific rea- 
sons tor the proposed dismissal and a brief 



summary of the information which manage- 
ment believes supports the proposed dis- 
missal. The employee shall have the right 
to respond to that notice of proposed dis- 
missal in the conference. 

Statutory Authority G.S. 1 26-4(7 a). 

.0613 GRIEVABILITY OF DISCIPLINARY 
ACTIONS 

(a) Any disciplinary action which, by law or 
rule, has the effect of reducing the salary of an 
employee or of denying to that employee any 
salary increase otherwise available to State em- 
ployees generally, shall be considered a contested 
case as that term is defined in (i.S. 1 5013-2(2). 

(b) livery agency and university shall grant ac- 
cess to its internal grievance procedure to non- 
probationary employees wishing to grieve a 
disciplinary action described in Paragraph (a) of 
this Rule. 

(c) Every disciplinary action described in Para- 
graph (a) of this Rule must contain written no- 
tification to the employee that the disciplinary 
action may be grieved through the Department 
or Agency's internal grievance procedure. Fail- 
ure to place this notification in a disciplinary 
action shall cause the period of time available to 
the employee to file a grievance to be extended 
until at least 15 calendar days beyond the date the 
employee first receives written notice of his ap- 
peal rights. 

(d) This Rule shall not be construed to confer 
contested case status on disciplinary actions 
which do not meet the definition set forth in 
Paragraph (a) of this Rule. This Rule shall not 
be construed to confer contested case status on 
any disciplinary action which has the effect, by 
law or rule, of making the employee who receives 
the action ineligible for performance-based pay 
increases. This Rule shall not be construed to 
confer contested case status on any non- 
disciplinary action whatsoever, without regard to 
the effect of that action on an employee's salary 
or eligibility to receive a salary increase. 



Statutory Authority 
!50B-2(2). 



G.S. 126-4; 126-34; 126-35; 



S~ 



NORTH CAROLINA REGISTER 



FINAL RULES 



1 he List of Rules Codified is a listing of rules that were filed to be effective in the month indicated. 

f\ules filed for publication in the NCAC may not be identical to the proposed text published pre- 
viously in the Register. Please contact this office if you hene any questions. 

/\ doptcd rides filed by the Departments of Correction, Revenue and Transportation are published 
in this section. These departments are not subject to the provisions ofG.S. 150B, Article 2 requiring 
publication in the N.C. Register of proposed rules. 

LJ pon request from the adopting agency, the text of rules will be published in this section. 

I unc tualion, typographical and technical changes to rules are incorporated into the List of Rules 
Codified and arc noted as * Correction. These changes do not change the effective dale of the rule. 



NORTH CAROLINA ADMINISTRATIVE CODE 

LIST OE RULES CODIFIED 

NOVEMBER 1989 

AGENCY ACTION TAKEN 

DEPARTMENT Ol ACRICI LITRE 

2 NCAC 9L .0301 Amended 

.1901 - .1902 Amended 

.1904 -.1907 Amended 

.1910 - .1911 Amended 

.1912 Repealed 

DEPARTMENT OK ECONOMIC WD (OMMIMIV DEVELOPMENT 

4 NCAC 7 .0504 Amended 

18 .0101 - .0104 Temp. Adopted 

Expires 03-25-90 
.0201 - .0202 Temp. Adopted 

Fxpircs 03-25-90 
.0301 - .0307 Temp. Adopted 



Fxpircs 03-25-90 



DEPARTMENT OF CORRECTIONS 



5 NCAC 2G .0310 Amended 

DEPARTMENT Ol CI Ml RAL RESOt RCES 

7 NCAC 4Q .0102 Amended 

4S .0001 - .0009 Amended 

.0010 Adopted 

12 .0001 - .0005 Adopted 

OFFICES OF THE GOVERNOR AND LIEUTENANT GOVERNOR 



NORTH CAROLINA REGISTER 7SS 



FINAL RULES 



NCAC 



Executive Order Number 97 
Off. September 26, 1989 



DEPARTMENT OF III MAN RESOURCES 



10 



NCAC 



I A 



IC 



in 



IE 

II 



111 

II 
IK 



II 



3A 



.0101 - 

.0109 

.0201 - 

.0209 - 

.0216 

.0218 - 

.0301 - 

.0101 - 

.0103 

.0105 - 

.0221 

.0401 - 

.0101 

.0601 

.0602 - 

.0604 

.0101 - 

.0105 

.0106 

.0201 - 

.0201 

.0101 

.0102 

.0103 - 

.0105 

.0401 

.0001 - 

.0005 - 

.0301 - 

.0101 

.0102 

.0103 

.0104 

.0201 - 

.0204 

.0205 

.0301 - 

.0401 

.0402 

.0501 

.0502 

.0503 - 

.0601 - 

.0701 - 

.0801 

.0802 - 

.0901 

.0902 

.0001 

.0002 

.0003 

.0004 

.0101 - 



0104 

0202 
0210 

0221 
0302 
0102 

0108 

0417 

0603 
0104 

0203 



0104 



0003 
0008 
0307 



0203 



0306 



0505 
0602 
0703 

0S05 



0103 



Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Amended 

* Correction 
Amended 
Amended 
Repealed 
Repealed 
Repealed 
Amended 
Repealed 
Repealed 
Amended 
Repealed 
Repealed 

* Correction 

* Correction 
Amended 

* Correction 
Amended 
Repealed 

* Correction 

* Correction 
Repealed 
Amended 

* Correction 
Repealed 
Amended 

* Correction 
Amended 

* Correction 
Repealed 
Amended 
Repealed 
Repealed 
Amended 
Repealed 
Amended 

* Correction 

* Correction 
Repealed 
Amended 

* Correction 
Repealed 
Amended 

* Correction 
Amended 
Repealed 



S9 



NORTH CAROLINA REGISTER 



3B 



3C 



1 


FINAL RULES 




.0201 - 


.0202 


Repealed 


.0204 - 


.0205 


Repealed 


.0301 - 


.0302 


Repealed 


.0401 - 


.0402 


Repealed 


.0501 - 


.0502 


Repealed 


.0601 - 


.0602 


Repealed 


.0605 




Repealed 


.0607 - 


.0610 


Repealed 


.0801 - 


.0804 


Repealed 


.0901 - 


.0902 


Repealed 


.1001 - 


.1002 


Repealed 


.1101 - 


.1102 


Repealed 


.1201 - 


.1202 


Repealed 


.1203 




* Correction 


.0101 




Amended 


.0102- 


.0108 


Repealed 


.0109- 


.0110 


Adopted 


.0201 - 


.0217 


Repealed 


.0301 




Amended 


.0302 - 


.0308 


Repealed 


.0309 - 


.0310 


Adopted 


.0601 - 


.0603 


Adopted 


.0701 - 


.0704 


Adopted 


.0101 




Amended 


.0102 




* Correction 


.0103 




Repealed 


.0104 




Amended 


.0105 




* Correction 


.0106 




Amended 


.0109 




Amended 


.0201 




* Correction 


.0202 - 


.0203 


Amended 


.0301 - 


.0302 


Amended 


.0305 




Amended 


.0306 




* Correction 


.0307 




Amended 


.0401 




Amended 


.0403 - 


.0404 


Amended 


.0407 




Amended 


.0501 - 


.0502 


Amended 


.0503 




* Correction 


.0504 - 


.0505 


Amended 


.0601 - 


.0602 


Amended 


.0603 




* Correction 


.0604 




Amended 


.0701 - 


.0702 


Amended 


.0704 - 


.0708 


Amended 


.0802 




Amended 


.0803 




* Correction 


.0804 - 


.0805 


Amended 


.0806 




Repealed 


.0807 




Amended 


.0901 - 


.0903 


Amended 


.0005 - 


.0912 


Amended 


.1001 - 


.1002 


Amended 


.1005- 


.1006 


Amended 


.1101 




Amended 


.1204 




Amended 


.1301 - 


.1302 


Amended 



NORTH CAROLINA REGISTER 



790 



FINAL RULES 



3E 



3G 



311 



.1401 - 

.1503 

.1505 

.1507 

.1509 

.1510 

.1601 - 

.0101 - 

.0201 - 

.0301 - 

.0401 - 

.2204 

.2207 

.2209 

.2213 

.2215 

.2401 

.2416 

.2417- 

.2420 

.2427 

.2445 

.2446 

.2706 

.2708 - 

.2905 

.3102 

.3107- 

.3310 

.3331 

.3401 - 

.3403 

.3504 

.3511 

.3517 

.0108 - 

.0206 

.0207 

.0208 

.0211 

.0214 

.0216 

.0219 

.0309 

.0310 

.0311 

.0313- 

.0408 

.0505 - 

.0512 

.0515 

.0605 

.0609 

.0707 

.0812 

.0905 - 

.0908 

.1003 - 

.1008 



1403 



.1602 
0112 
.0208 
.0316 
.0402 



2418 



2710 
3108 
3402 

0109 



0318 
0507 



0906 
1004 



Amended 
Amended 
Amended 
Amended 
Repealed 
Amended 
Amended 

* Correction 

* Correction 

* Correction 

* Correction 
Amended 
Amended 
Repealed 
Amended 
Amended 

* Correction 

* Correction 
Amended 
Amended 

* Correction 

* Correction 
Amended 
Amended 
Amended 

* Correction 

* Correction 
Amended 

* Correction 

* Correction 

* Correction 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 

* Correction 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 

* Correction 
Amended 
Amended 
Amended 
Amended 
Amended 

* Correction 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 



'91 



NORTH CAROLINA REGISTER 



FINAL RULES 



.1105 


Amended 


.1206 


Amended 


.1208 


Amended 


.1307- .1308 


Amended 


.1406 


Amended 


.1407 


Repealed 


.1408- .1410 


Amended 


3J .0106 


Amended 


.0202 


* Correction 


.0204 


Amended 


.0303 - .0304 


Amended 


.0601 


Repealed 


.1101 


Amended 


.1104 


Amended 


.1901 


Amended 


.1903 


Repealed 


.2101 - .2102 


Amended 


.5201 


Amended 


.5401 


Amended 


.5905 - .5906 


Amended 


.6004 


Amended 


3L .0111 - .0112 


Amended 


.0205 - .0207 


Amended 


.0209- .0210 


Amended 


.0307- .0313 


Amended 


.0419 


Amended 


.0421 


Amended 


.0506 


Amended 


.0605 


Amended 


3M .0101 


Repealed 


.0106 


Repealed 


.0107 


* Correction 


.0202 - .0203 


Amended 


.0205 


Amended 


.0206 


Repealed 


30 .0103 


Repealed 


.0105 


Amended 


.0204 


Repealed 


.0305 


Amended 


.0308 


Amended 


.0705 


Amended 


3Q .0101 - .0102 


Repealed 


.0103 


Amended 


.0201 


Amended 


.0202 


* Correction 


.0203 - .0204 


Amended 


.0301 


Amended 


.0305 


Amended 


.1301 - .1302 


Amended 


.1404 


Amended 


3R .0212- .0213 


Amended 


.0303 


Amended 


.0307 


Amended 


.0408 


Amended 


.0409- .0419 


Repealed 


.0420 


* Correction 


.0421 - .0422 


Repealed 


.1003 


Amended 


.1115- .1120 


Amended 



NORTH CAROLINA REGISTER 792 



FINAL RULES 



3T 



3U 



.1205 




.1208- 


.1209 


.1308- 


.1309 


.1402 




.1405- 


.1409 


.1713- 


.1718 


.1904- 


.1908 


.2005 




.2007 - 


.2008 


.2106 




.2108 - 


.2109 


.2110- 


.2112 


.2202 




.2408 - 


.2409 


.2505 




.2507 




.2602 - 


.2603 


.2605 - 


.2606 


.2706 




.2711 




.0101 




.0102 




.0201 




.0202 




.0203 - 


.0205 


.0206 - 


.0207 


.0208 




.0301 




.0302 - 


.0303 


.0401 - 


.0402 


.0403 




.0501 




.0502 




.0503 




.0504 




.0505 




.0601 




.0602 




.0701 - 


.0702 


.0703 




.0801 




.0802 




.0803 




.0901 




.0902 




.1001 




.1002 




.0101 




.0102 




.0205 




.0302 




.0403 




.0506 - 


.0507 


.0704 




.0707 - 


.0708 


.0710- 


.0711 


.0713- 


.0714 


.0801 - 


.0802 


.0804 - 


.0806 



Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Repealed 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 

* Correction 
Amended 

* Correction 
Amended 

* Correction 
Amended 

* Correction 

* Correction 
Amended 
Amended 

* Correction 
Amended 

* Correction 
Amended 

* Correction 
Amended 
Amended 

* Correction 
/Vmended 

* Correction 
Amended 

* Correction 
Amended 
Amended 

* Correction 
Amended 

* Correction 
Repealed 
Amended 
Amended 
/Vmended 
Amended 
Amended 
Amended 
.Amended 
Amended 
Amended 
Amended 
Amended 



'9.? 



NORTH CAROLINA REGISTER 



FINAL RULES 



.0901 - .0903 Amended 

.1001 Amended 

.1401 Amended 

.1501 -.1504 Amended 

.1601 Amended 

.1613 Amended 

.1702 -.1703 Amended 

.1705 Amended 

.1716 * Correction 

.1717 Amended 

.1801 Amended 

.1901 Amended 

.1902 Repealed 

.1904 Amended 

.2001 - .2004 Repealed 

.2006 -.20 12 Amended 

.2101 Amended 

.2201 Amended 

.2301 - .2317 Repealed 

.2401 Amended 

.2603 Amended 

.2609 Amended 

7A .0209 Amended 

SD .0204 Amended 

10D .1624 Amended 

.1633 Repealed 

.1638 Amended 

. 1 640 Amended 

10F .0032 Amended 

.0034 Amended 

10H .0203 Amended 

181 .0114 * Correction 

.0117 * Correction 

18J .01 10 -.01 14 * Correction 

.0116 * Correction 

.0118 * Correction 

.0212 * Correction 

.0304 -.03 11 * Correction 

.0603 * Correction 

.0701 * Correction 

.0708 * Correction 

.0710 -.0711 * Correction 

18K .0263 * Correction 

18L .0107 -.0108 * Correction 

.0331 - .0332 * Correction 

.0428-0431 * Correction 

.0504 * CoiTCCtion 

.0506 -.05 10 * Correction 

.0801 - .0803 * Correction 

.0901 - .0902 * Correction 

.1001 * Correction 

.1003 * Correction 

.1101 * Correction 

.1401 * CoiTection 

18M .0209- .0211 * Correction 

.0407 - .0408 * Correction 

.0505 * Correction 

.0703 * Correction 

.0705 -.07 14 * Correction 



NOR TH CA ROLINA R EG IS TER 794 



FINAL RULES 



.08 17 -.08 18 * Correction 

.0822 - .0823 * Correction 

18N .0205 - .0212 * Correction 

ISO .0518 - .0524 * Correction 

18P .0901 - .0903 * Correction 

.1001 -.1004 * Correction 

18Q .0125 * Correction 

.01 27 -.01 34 * Correction 

.0805 * Correction 

.0807 * Correction 

.0809 * Correction 

.0811 * Correction 

.0813 * Correction 

DEPARTMENT OF INS! RANCE 

11 NCAC 12 .0604 Amended 

.0607 Amended 

DEPARTMENT OK ENVIRONMENT, HEALTH, AM) \ ATI R Al RESOl R( ES 

15 NCAC 2B .0201 - .0202 * Correction 

.021 1 * Correction 

.0216 * Correction 

2D .0525 * Correction 

3B .0402 * Correction 

3C .0304 Amended 

7B .0201 - .0204 Amended 

.0207 Amended 

.0403 Amended 

.0405 Amended 

.0506 Amended 

711 .0208 Amended 

BOARD OF COSMETIC ARE EXAMINERS 

21 NCAC 14L .0103 -.0104 Repealed 

.0201 Repealed 

.0205 - .0206 Repealed 

.0213 Repealed 

BOARD OF Nl RSINC, 

21 NCAC 36 .0401 - .0402 * Correction 

.0403 Temp. Amended 

Expires 04-06-90 

.0404 - .0405 * Correction 

HO \RD OF EXAMINERS FOR SPEECH. I ANCIACF PATHOLOGISTS AND At PIOI .OC.ISTS 

21 NCAC 64 .0106 -.0107 Adopted 

.0205 - .0207 Adopted 

.0301 - .0304 Amended 

.0305 - .0306 Adopted 

OFFICE OF STATE PERSONNEL 

25 NCAC ID .05 18 -.05 19 Adopted 

.2201 - .2203 Adopted 

LE .1007 -.1008 Adopted 



"95 NORTH CAROLINA REGISTER 



FINAL RULES 



nff. 01-01-90 

III .0602 Amended 

.0623 Amended 

U .0606 Amended 



NORTH CAROLINA REGISTER 796 



NC AC INDEX 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT 

1 Administration, Department of 

2 Agriculture, Department of 

3 Auditor, Department of State 

4 Economic and Community Development, Department of 

5 Corrections, Department of 

6 Council of State 

7 Cultural Resources, Department of 

8 Elections, State Board of 

9 Governor, Office of the 

10 Human Resources, Department of 

1 1 Insurance, Department of 

12 Justice, Department of 

13 labor, Department of 

14A Crime Control and Public Safety, Department of 

15 Environment, Health, and Natural Resources, Department of 

16 Public Education, Department of 

17 Revenue, Department of 

15 Secretary of State, Department of 
19A Transportation, Department of 
20 Treasurer, Department of State 

♦21 Occupational Licensing Boards 

22 Administrative Procedures 

23 Community Colleges, Department of 

24 Independent Agencies 

25 State Personnel, Office of 

26 Administrative Hearings, Office of 

NOTE: Title 21 contains the chapters of the various occupational licensing boards. 
CHAPTER LICENSING BOARDS 

2 Architecture, Board of 

4 Auctioneers, Commission for 

6 Barber Examiners, Board of 

8 Certified Public Accountant Examiners, Board of 

10 Chiropractic Examiners, Board of 

12 General Contractors, Licensing Board for 

14 Cosmetic Art Examiners, Board of 

16 Dental Examiners, Board of 

18 Electrical Contractors, Board of Examiners of 

20 Foresters, Board of Registration for 

2 1 Geologists, Board of 

22 I learing Aid Dealers and Fitters Board 
26 Landscape Architects, Licensing Board of 

28 Landscape Contractors, Registration Board of 

31 Martial & Family Therapy Certification Board 

32 Medical Examiners, Board of 

33 Midwifery Joint Committee 

34 Mortuary Science, Board of 

36 Nursing, Board of 

37 Nursing Home Administrators, Board of 

35 Occupational Therapists, Board of 
40 Opticians, Board of 

42 Optometry, Board of Examiners in 



797 NOR TH CAROLINA REGIS TER 



NC AC INDEX 



44 Osteopathic Examination and Registration, Board of 

46 Pharmacy, Board of 

4!S Physical Therapy Examiners, Board of 

50 Plumbing and Heating Contractors, Board of 

52 Podiatry Examiners, Board of 

53 Practicing Counselors, Board of 

54 Practicing Psychologists, Board of 

56 Professional Engineers and Land Surveyors, Board of 

58 Real Estate Commission 

60 Refrigeration Examiners, Board of 

62 Sanitarian Examiners, Board of 

63 Social Work, Certification Board for 

64 Speech and Language Pathologists and 

Audiologists, Board of Examiners of 

66 Veterinary Medical Board 



NOR TH CA ROLlNA REGIS TER 79S 



CUMULATIVE INDEX 



CUMULA TIVE INDEX 

(April 19X9 - March 1990) 



1989 - 1990 



Pages 



Issue 



1 - 


151 


1 - 


April 

April 


152 - 


192 


i . 


193 - 


216 


3- 


May 


217 - 


289 


4- 


May 


290 - 


311 


5- 


June 


312 - 


364 


6- 


June 


365 - 


454 


7- 


July 


455 - 


477 


8- 


July 


478 - 


521 


9- 


August 


522 - 


584 


10- 


August 


585 - 


616 


11- 


September 


617 - 


658 


12- 


September 


659 - 


712 


13- 


October 


713 - 


765 


14- 


October 


766 - 


801 


15- 


November 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

PR - Final Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporary Rule 



ADMINISTRATIVE ORDER 

Administrative Order, 4, 152 

AGRICULTURE 

Cotton Warehouse, 220 PR 

Markets, 217 PR, 546 PR 

N.C. Pesticide Board, 292 PR 

N.C. Plant Conservation Board, 196 PR 

N.C. State Pair, 217 PR 

Plant Industry, 153 PR, 218 PR 

COMMUNITY COLLEGKS 

Board of Community Colleges, 352 PR 

CORRECTION 



799 



NORTH CAROLINA REGISTER 



CUMULATIVE INDEX 



Division of Prisons, 472 FR, 646 FR, 759 FR 

CRIME CONTROL AND PUBLIC SAFETY 

Victim and Justice Services, 573 PR 

CULTURAL RESOURCES 

Archives and History, 370 PR, 455 PR, 593 PR, 720 PR 

Arts Council, 371 PR 

U.S.S. North Carolina Battleship Commission, 548 PR 

ECONOMIC AND COMMUNITY DEVELOPMENT 

Finance Center, 368 PR 

Hazardous Waste Management Commission, 716 PR 
N.C. Cemetery' Commission, 198 PR, 766 PR 
N.C. Milk Commission, 455 PR 

EDUCATION 

Elementary and Secondary Fducation, 253 PR, 295 PR, 51 1 PR, 739 PR 

ELECTIONS, STATE BOARD OF 

Departmental Rules, 661 PR 

ENVIRONMENT, HEALTH, AM) NATURAL RESOURCES 

Coastal Management, 239 PR. 508 PR, 574 PR, 735 PR 

Community Assistance. 134 PR 

Departmental Rules, 601 PR 

Economic Opportunity, 178 PR 

Environmental Management, 18 PR, 160 PR, 202 PR, 238 PR, 295 PR, 347 PR, 

431 PR, 456 PR, 700 PR, 730 PR 
Governor's Waste Management Board, 617 C 
Marine Fisheries, 47 PR? 457 PR 
Wildlife Resources and Water Safety, 134 PR, 178 PR, 207 PR, 252 PR, 574 PR, 700 PR, 738 PR, 

776 PR 

FINAL DECISION LETTERS 

Voting Rights Act, 5, 193, 367, 523, 587, 618, 659, 714 

FINAL RIFFS 

List of Rules Codified, 183 FR, 274 FR, 303 FR, 445 FR, 515 FR, 609 FR, 704 FR, 788 FR 

GOVERNOR/LT. GOVERNOR 

Executive Orders, 1, 290, 312, 365, 478, 522, 585, 713 

HUMAN RESOURCES 

Departmental Rules. 372 PR 

Facility Services, 199 PR. 377 PR, 594 PR 

Governor's Waste Management Board, 552 F'R 

Health Sen ices, 153 PR, 315 PR, 405 PR, 661 PR 

Medical Assistance. 158 PR, 294 PR, 455 PR, 549 PR, 601 PR. 620 PR, 722 PR 

Mental Health: Mental Retardation and Substance Abuse Services, 17 PR, 417 PR, 685 PR 

Social Services. 550 PR, 773 PR 

Vocational Rehabilitation Services. 7 PR, 766 PR 

Water Treatment Facility Operators Board of Certification. 549 PR 

INDEPENDENT AGENCIES 

Housing Finance Agency, 459 PR 

INSURANCE 

Agent Services Division, 561 PR 



NOR TH CAROLINA RECIS TER 800 



CUMULA TIVE INDEX 



Enninecrina and Buildinc Codes, 775 PR 

Tire and Casualty Division, 202 PR, 479 PR, 6S9 PR 

Life, Accident and Health Division, 690 PR 

JUSTICE 

Criminal Justice Education and Training Standards Commission, 569 PR 

Private Protective Services Board, 621 PR 

Sheriff's Education and Training Standards Division, 491 PR 

LICENSING BOARDS 

Architecture, 349 PR 

CPA Examiners, 458 PR 

Electrical Contractors, 741 PR 

General Contractors. 512 PR 

Landscape Architects, 443 PR. 756 PR 

Medical Examiners, 604 PR. 701 PR 

North Carolina Certification Board for Social Work, 179 PR 

Nursing. Board of, 296 PR, 778 PR 

Physical Therapy Examiners, 262 PR 

Plumbing and Heating Contractors, 757 PR 

Practicing Psychologists, 606 PR 

Sanitarian Examiners, Board of. 785 PR 

REVENUE 

Sales and Use Tax. 353 ER 

STATE PERSONNEL 

State Personnel Commission, 181 PR, 210 PR, 265 PR, 461 PR. 624 PR. 786 PR 

STATEMENTS OF ORGANIZATION 

Statements of Organization, 524 SO 

TRANSPORTATION 

Division of Motor Vehicles, 140 ER, 607 ER, 648 ER 



SOI NORTH CAROLINA REGISTER 



NOW AVAILABLE 



NORTH CAROLINA ADMINISTRATIVE CODE 

The full publication consists of 52 volumes, totaling in excess of 1 5,000 pages. It is supplemented monthly 
with replacement pages. A one year subscription to the full publication including supplements can be 
purchased for seven hundred and fifty dollars ($750.00 ). Individual volumes may also be purchased with 
supplement service. Renewal subscriptions for supplements to the initial publication are available at one- 
half the new subscription price. 

PRICE LIST FOR THE SUBSCRIPTION YEAR 



Volume 


Title 


Chapter 


Subject 


New 
Subscription* 


Total 
Quantity Price 


1 - 52 


lull Code 

1 

2 

2 

3 

4 

4 

5 

5 

6 

7 

8 

9 

10 

10 

10 

10 

Id 
10 

10 
10 
10 
10 
10 

III 

10 
10 

10 
10 

11 


1 - 37 
1 - 24 
25 - 52 
1 - 4 
1 - 2 

3- 17 
1 - 2 
3 - 4 

1 - 4 
1 - 11 
1 - 9 
1 - 4 
1 - 2 
3 A - 3K 
3L - 3R 

3S - 3U 

4- 6 
7 

8-9 

10 

11-14 

15- 17 

18 

19 - 30 

31 - 33 

34- 41 

42 

43 - 50 

1 - 15 


All titles 

Administration 

Agriculture 

Agriculture 

Auditor 

ECD (includes ABC) 

ECD 

Corrections 

Corrections 

Council of State 

Cultural Resources 

Elections 

Governor 

Human Resources 

Human Resources 

Human Resources 

(includes CON) 
Human Resources 
Human Resources 
Human Resources 

(includes Breathalizer) 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Insurance 


$750.00 
90.00 
75.00 
75.00 
10.00 
45.00 
90.00 
60.00 
30.00 

60.00 
10.00 
45.00 
30.00 
90.00 

45.00 
30.00 
30.00 

30.00 
60.00 
90.00 
60.00 
45.00 
75.00 
90.00 
30.00 
60.00 
45.00 
90.00 
90.00 




1 




2 




3 




4 




5 




6 




7 




x 




9 




10 




M 




12 




13 




14 




15 




16 




17 




18 




19 




20 




21 




22 




23 




24 




25 




26 




27 




28 






Continued 



Volume Title 







New 


Chapter 


Subject 


Subscription 


1 - 12 


Justice 


90.00 


1 - 6 


Labor 


30.00 


7 


OS HA 


45.00 


8- 15 


I abor 


45.00 


1 - 11 


Crime Control and 






Public Safety 


45.00 


1 - 2 


EHNR (includes EMC) 


90.00 


3- 6 


EHNR 


45.00 


7 


Coastal Management 


45.00 


8- 9 


EHNR 


30.00 


10 


Wildlife 


45.00 


11-22 


EHNR 


60.00 


1 - 6 


Education 


30.00 


1 - 6 


Revenue 


75.00 


7- 11 


Revenue 


60.00 


1 - 7 


Secretary of State 


30.00 


1 - 6 


Transportation 


90.00 


1 - 9 


Treasurer 


45.00 


1 - 16 


I icensing Boards 


75.00 


17 - 37 


Licensing Boards 


75.00 


38- 70 


Licensing Boards 




] . t 


Administrative Procedures 


75.00 


1 . 2 


Communitv Colleges 


10.00 


1 . 2 


Independent Agencies 


10.00 




State Personnel 


60.00 


1 - 4 


Administrative Hearings 


10.00 



Quantity 



Total 
Price 



29 


12 


50 


13 


51 


13 


32 


13 


33 


14A 


54 


15 


55 


15 


36 


15 


$7 


15 


<s 


15 


39 


15 


40 


16 


41 


17 


42 


17 


43 


18 


44 


19A 


4S 


20 


46 


21 


47 


21 


4S 


21 




22 


4') 


23 


50 


24 


51 


25 


52 


26 



Total 



(Make checks payable to Office of Administrative Hearings.) 

* This price includes the title in its current form plus supplementation for the subscription year. 
Subscription years arc January I through December 31 '. 



MAIL TO: 



OFFICE OF ADMINISTRATIVE III WRINGS 

POST OFFICE DRAWER 11666 

RALEIGH, NORTH CAROI INA 27604 



W9LZ «5u«l OJB D mJON 'M3i3lB« 

999 U J3MBJQ o d 
S3UUB3|| 3AJIBJJS1UIUIPV JO 33IJJO 



HaaH 

dWVIS 

aDvna 



FOLD HERE 



NORTH CAROLINA REGISTER 
ORDER FORM 



D Please enter my subscription for the North Carolina Register to start with the issue. 

($105.00)/year subscription) 

□ Renew North Carolina Register 

□ Check Enclosed □ Please bill me 

Please make checks payable to Office of Administrative Hearings 

NAME ADDRESS 

CITY STATE ZIP 

PHONE 



(Return to Office of Administrative Hearings - fold at line, staple at bottom and affix postage.) 



CHANGE OF ADDRESS: 



1 . Present Address 



NAME 



ADDRESS 



CITY 



STATE 



ZIP 



2. New Address 



NAME 



ADDRESS 



CITY 



STATE 



ZIP 



Office of Administrative Hearings 

P.O. Drawer 11666 
Raleigh, North Carolina 27604 







FIRST CLASS MAIL 



612 

UNIV. OF KORTH CAROLINA 

AT CHAPEL HILL LIB. 

UAN HECKE-UETTACH BLDG. 064 A 

CHAPEL HILL 



NC 27514